When Nonimmigrant Workers Lose Their Employment

Losing your job is stressful for anyone. For nonimmigrant workers, the situation is made worse by fears of deportation and possible damage to their chances of gaining legal permission to live or work in the United States in the future. If you’re a nonimmigrant worker whose employment has been terminated, you need to act quickly.

Your Grace Period

There are many factors involved in deciding the best way forward. Your current immigration status and the job you were doing can give you more options.

For a number of work visas, including H-1B, E-1, E-2, E-3 and more, you have a grace period of up to 60 days before you’re required to leave the country. That means you need to address the problem quickly if you want to stay in the U.S.

Adjustment of Status

An adjustment of status means applying for a green card while your visa still allows you to be in the country legally. One of the major benefits of an adjustment of status is that, if your application is non-frivolous, you’re allowed to remain in the country while the green card application is being processed.

While this period is helpful, it’s important to understand the impact of a denial decision if the green card is not approved. Unlawful presence time begins to accrue immediately upon the denial of the application.

Find a New Job or Employer

Another option is to look for new employment to support your existing nonimmigrant worker status or a different status that still allows you to continue to live and work in the U.S.

Applying for a change of status based on finding a different job can stop you from accruing unlawful presence time. The trick is to find acceptable employment you can transition to quickly.

Student or Visitor Visas

In some circumstances, you could consider changing to a visitor or student status. The major drawback of these options is that you can’t work, or you can only work in a limited capacity, depending on which status you choose.

You would still need to find a means of supporting yourself other than the work that brought you to the U.S. in the first place.

Protect Your Status, Talk to a Lawyer Right Away

If your employment has come to an end, or you expect it to shortly, you need the help of a skilled immigration attorney. Contact Mark E. Jacobs online or call 972-445-7577 to schedule a consultation with an experienced lawyer today.

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