Immigration lawyer Gabriela Urizar said H-1B visa holders who were unfortunately laid off during Oracle’s massive layoffs, affecting 30,000 people around the world, should take immediate action to maintain legal status in the United States. At 6 a.m. on March 31, Oracle sent out a cold email notifying thousands of employees that they would be laid off due to organizational restructuring. They were told that March 31 was their last working day. It’s unclear whether the company will conduct another phase of layoffs soon. Urizar, an attorney at Manifets Law, said H-1Bs have a 60-day grace period, which allows them to legally stay in the United States after losing their jobs. But it’s not guaranteed, and DHS could shorten or eliminate it at its discretion. H-1B visa holders should act quickly and remember that the grace period begins on their last work day.
5 Things Fired H-1B Visa Holders Should Do Immediately
- Check your Form I-94 now on the CBP website to find out your exact date of entry and your visa’s entry deadline. This form controls how long you can legally stay in the United States. If your I-94 expiration date is less than 60 days away, the H-1B grace period will end early.
- Have the new employer file a new I-129 to transfer your H-1 B to the new employer. You can start working immediately after filing without waiting for full approval because you are already in the United States.
- If you do not find a job within 60 days, apply to change your status to a different visa category. Changing to a student visa or B visa can buy you more time and stay in the United States legally.
- If you are applying for a green card and have an approved Form I-140, you may be able to apply for adjustment of status.
- Please do not leave the country during the grace period. If you leave the United States, your grace period ends and you cannot re-enter.