What happens if an H-1B employee is suddenly terminated?

H-1B classification is a visa category that is employer specific, which means maintenance of the person’s status depends upon the worker remaining employed by the sponsoring employer. Unfortunately, the USCIS does not offer a grace period for H-1B workers that are suddenly terminated. Technically, a terminated H-1B worker has no legal status once the employment relationship ends. The government does have discretion, however, to grant a change of employer H-1B petition. The USCIS may exercise this discretion if the H-1B worker very quickly finds a new employer, the loss of status was not the fault of the worker, and the worker has always properly observed the immigration laws. These types of cases are difficult and should be handled by a well-qualified immigration attorney.

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Garg & Associates at 949-540-6704 or call our toll-free number at 949-540-6704. You can also submit an inquiry through our Long Beach Immigration Online Inquiry.