This article discusses what to do if you are laid off after you are selected for H-1B but before your H-1B petition is submitted, and what to do if you are laid off after your H-1B application is approved but before it becomes effective.
The H-1B lottery opens for registrations in March, and the results are announced on April 1. If you are selected, the next step is to submit your application and wait for approval. Unfortunately, some individuals may be laid off before their H-1B becomes effective on October 1. This article will outline the steps to take if you find yourself in this situation.
Laid Off Before Submitting H-1B Application: What Happens?
If you are laid off and your employer is unwilling to submit the H-1B petition, you will lose your lottery spot. Since the H-1B visa is employer-sponsored, beneficiaries cannot apply directly without employer support.
Laid Off After H-1B Approval but Before Effective Date: What Happens?
Scenario 1: If Your Former Employer Contacts USCIS to revoke Your H-1B Petition
This situation is rare and usually occurs when there is a significant conflict between the employee and employer. If your former employer contacts USCIS to revoke your H-1B application, your H-1B will be voided. You will need to participate in the H-1B lottery again next year and reapply for it.
Note:
After the employer submits the H-1B application, the application fees paid to USCIS are non-refundable. From the company's perspective, there is no substantial loss in retaining a processed H-1B application for a former employee. If you are laid off, it is advisable to contact HR to discuss the possibility of retaining the submitted H-1B application. Once the H-1B becomes effective, you can transfer it to a new employer through an H-1B transfer without going through the lottery process again.
Scenario 2: If You Are Laid Off After Your H-1B Application is Approved
H-1B application results are typically released before August each year. If you are laid off after approval, you can negotiate with your employer to extend your employment period until October 1 (the effective date for H-1B) by using unused vacation days or applying for unpaid leave. Once your H-1B becomes effective on October 1, you can transfer it to a new employer if you have found a new job.
Note:
When applying for an H-1B transfer, you need to provide USCIS with proof of wages to demonstrate that you maintained legal H-1B status at your previous job. It is safer to apply for an H-1B transfer after obtaining 2-3 paystubs from your former employer.