One common way to come to the United States is by obtaining a work visa. People who have been offered a job or have certain skills may be granted a visa allowing them to take a position in the U.S. and live and work here legally. One such visa is the H-1B visa.
However, one qualification for this visa is that the person needs to have a valid job offer that they want to accept. Further, they need to maintain that employment in order to continue qualifying for the visa. If someone immediately quits their job and then tries to stay in the U.S., they are in violation of the terms of their visa and could face legal action, including deportation.
What does this mean if you lose your job for a legitimate reason? Say that the company you work for has to downsize. Does this mean that you must worry about being deported due to a situation that is largely out of your control?
There is a grace period
With the H-1B visa, the good news is that you have a 60-day grace period. Many people use this time to find a new job that will still satisfy their visa. Doing so allows them to remain in the U.S.
Another potential option is to apply for a change of status. This may mean obtaining a new visa – for example, a student visa if applicable. It could also mean taking steps to become a permanent resident with a green card.
Exactly how you would address this situation would depend on the details of your case, but it is important to understand that you only have 60 days to do so. This is why it can be helpful to get experienced law guidance as you explore your options.
