Immigration attorney Gabriela Urizar said H-1B visa holders who were unfortunately laid off in Oracle’s massive layoffs, which affected 30,000 people worldwide, should take immediate action to remain legal in the US. Oracle handed out a cold email at 6 a.m. on March 31, informing thousands of people that they had been laid off because their roles had been eliminated due to an organizational restructuring. He was told that March 31 was his last working day. It is not yet known whether the company will have another phase of layoffs soon. Urizar, a lawyer with Manifest Law, said the H-1B has a 60-day grace period, which allows them to legally stay in the US after losing their job. But it is not guaranteed and may be shortened or eliminated by the Department of Homeland Security at its discretion. H-1B visa holders need to act fast and keep in mind that the grace period starts on their last working day.
5 things fired H-1B visa holders should do immediately
- Quickly view Form I-94 on the CBP website to see your exact date of entry and entry by date of your visa. This form controls how long you can legally stay in the US. If your I-94 expiration date is coming up in less than 60 days, the H-1B grace period ends early.
- Transfer your H-1B to a new employer by filing a new I-129. You can start working as soon as it’s filed without waiting for full approval, since you’re already in the US.
- If you do not find a job within 60 days apply to change your status to another visa category. Change to a student visa or B visa to buy more time and stay in the US legally.
- If you are in the green card process with an approved Form I-140, you may be able to apply for adjustment of status.
- Do not travel internationally during your grace period. If you leave the US, your grace period ends, and you cannot re-enter.
