H-1B visa holders laid off from their jobs with only 60 days to find a new employer are going through a difficult time in the US.
A former international student from India, Maya, shared the hardships H-1B visa holders in the US are facing after a layoff. These visa holders have 60 days to find a new job where the new employer would file for an H-1B transfer. But this 60-day window is not always enough to get a new job. The next probable situation is to apply for a change from the H-1B visa to a B-2 visa, which is a tourist visa, and gives more time to the applicants to find jobs.But now immigration officials are not allowing this change of status to happen smoothly. Immigration attorney ic Goel of Goel & Anderson told Forbes that officials are now denying such cases, seeking RFE (Requests for Evidence). “USCIS is issuing notices that raise questions about maintenance of status, purpose of stay and financial support. More troubling, some of these notices assert that seeking employment or interviewing for positions is impermissible in B-2 status,” Goel said.The Forbes report shared the case study of Maya, who came to the US in 2019, studied digital media at the University of Southern California. It was a STEM program and she worked as a UX writer during her Optional Practical Training. The company she was doing her OPT with applied for her H-1B visa. Maya got her H-1B on he third and last try. But then she was laid off. She switched to B-2 and got a job in a fintech company.Everything worked well for Maya until her team got dissolved and again she was in the same situation. She reached out to the same attorney who helped her last time to switch from H-1B to B-2. As she is waiting to hear back, she told Forbes how she was preparing for the future.If Maya does not find a job or her H-1B to B-2 switch gets rejected, she will have to leave the US. She will have to look for jobs in Singapore, Malaysia, and London and she may have to return to Mumbai and look for options. Maya said she might be eligible for an O-1 visa.
‘Los Angeles became my home’
“I moved to the US in 2019, and Covid happened soon after, said Maya. “Over the years, Los Angeles became my home in ways I never expected. By 2021, I had graduated with a STEM degree, found a job in tech and built friendships that became my core community.”Maya said she didn’t come to the United States just for a degree or a job. “I’d been in search of creative spaces. LA gave that to me. It gave me access to creativity that made me feel expansive and inspired. I was immersed in music and culture, and surrounded by ambitious people from around the world. Leaving now would be giving up this sense of home.” She added, “It feels like the system that made this journey possible is now standing in my way.”
Why switching from H-1B to B-2 has become problematic
B-2 visa is not a work visa and looking for jobs on B-2 visa is not allowed as tourists in the US are not allowed to work or look for employment. Immigration attorney Asel Williams said it is now not advisable to switch from H-1B to B-2 because USCIS is scrutinizing this process.”Even if someone chooses to pursue a B-2 change of status, they should carefully document their intent to return to their home country, since B-2 classification requires nonimmigrant intent,” Williams said.”Some technology professionals with sufficient financial resources choose to establish their own companies and file H-1B transfers through their startups. To do so successfully, the employer-employee relationship must be properly documented, and the company must have sufficient funds to pay at least the required prevailing wage,” Williams added. Go to Source
