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Recent workforce reductions at prominent companies such as Google, Microsoft, Tesla, Amazon, and Walmart have left many H-1B visa employees in challenging situations. When individuals on H-1B visas lose their employment, they receive a 60-day grace period to secure new jobs. If they fail to do so within this window, they must either transition to a different visa status or return to their home countries.
Considering Visa Transition Alternatives
Given the current scenario, many unemployed H-1B holders are contemplating switching to different visa categories. According to U.S. Citizenship and Immigration Services (USCIS) regulations, transitioning to a B-1 business visitor visa or a B-2 tourist visa is a feasible option. This change can extend their stay in the U.S. by an additional six months, providing more time to seek new employment opportunities without the immediate need to leave the country.
Interpreting USCIS Regulations
The USCIS provides several nonimmigrant visa options for workers who have been laid off. Besides the B-1 (business visitor) and B-2 (tourist) visas, there are alternatives like student visas (F-1). These options are designed to assist nonimmigrant workers in managing their situations more effectively.
Switching Back to Employment Visas
For those who secure new jobs while their change of status application is under review, the USCIS has established procedures. If an employer submits an I-129 petition along with a request for expedited processing, the USCIS will review this petition in conjunction with the pending I-539 application for a change of status. This simultaneous processing ensures there is no delay in starting the new job due to changes in visa status.
The USCIS specifies that if the I-129 petition is approved, including any requested change of status, the applicant will generally receive the new nonimmigrant status and can begin working without needing to leave the U.S. for visa stamping.
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