An Immigration attorney said H-1B visa holders who got fired in the mass layoff of Oracle should act quickly in the 60-day grace period.
Immigration attorney Gabriela Urizar said H-1B visa holders who unfortunately got fired in the major Oracle layoff that impacted 30,000 across the world, should act promptly to remain legal in the US. Oracle handed over a cold email at 6 am on March 31, informing thousands that they have been fired as their roles have been eliminated owing to an organizational restructuring. They were informed that March 31 was their last working day. It is not yet known whether there will be another phase of layoff soon at the company. Urizar, the attorney at Manifets Law, said H-1Bs have a 60-day grace period, which allows them to remain in the US legally after they lose their jobs. But this is not guaranteed and the Department of Homeland Security can shorten it or eliminate it, according to its discretion. H-1B visa holders should have to act fast and keep in mind that the grace period starts on their last working day.
5 things H-1B visa holders laid off should do immediately
- Check the form I-94 immediately at the CBP website to see your exact date of entry, and the admit until date of your visa. This form controls how long you can legally stay in the US. If your I-94 expiration date is coming in less than 60 days, the H-1B grace period ends sooner.
- Transfer your H-1 B to a new employer by having them file a new I-129. You can start working as soon as it is filed without having to wait for the full approval, as you are already in the US.
- Apply to change your status to another visa category if you do not find a job within 60 days. Change to a student visa or a B visa to buy more time and also to remain legally in the US.
- If you are in the Green Card process with an approved Form I-140, you might be able to file for adjustment of status.
- Do not leave internationally during your grace period. If you exit the US, your grace period ends, and you cannot re-enter.
