June 20 2016 – In America’Layoffs’ are part and parcel of the workforce industry. However, when an H1B visa holder is terminated, things are not so easy for them. The biggest issue is that H1B visas do not offer a “grace period” so that the employee has a chance to find another position to actually ‘transfer’ the employment. However, it is not all lost because the H1B employee has other options namely the new employment with a cap exempt situation. The video attached covers the issues related to H1B visa holders in situations when they are terminated or laid-off. Please check, subscribe and share.
“Prior to being laid off, another qualified H-1B employer may file a Form I-129, Petition for a Nonimmigrant Worker, on your behalf with USCIS. In order to change employers without having to depart the United States, the I-129 petition should have been filed prior to the termination of your job and you must have been maintaining valid H-1B status. If the I-129 petition is filed after your dismissal, you may have to return overseas to process your H-1B visa for the new employer.”