Yes, if you have an H-1B employment visa, you do need to maintain employment. If you are not employed, it can cause you to become out of status and violate the terms of that visa.
After all, the only reason you were granted permission to legally enter and work in the United States is because you were offered specific employment. While citizens can quit their jobs at any time, as an immigrant, you do need to uphold these terms or there is a risk that you could enter removal proceedings.
This can lead to some complications. What if you are laid off? What if the company closes? What if you get fired for other reasons that are outside of your control?
The 60-day grace period
To address these issues, H-1B visas come with a 60-day grace period. If you are laid off, for example, you are not out of status instantly. You are not going to be immediately removed from the United States. You still have 60 days before you will run into these legal complications.
During these 60 days, it can be helpful to explore your options. You may simply be able to find other employment. If it still satisfies the terms of the visa, your status is not in jeopardy.
You may also want to consider options to change your status. Maybe you have been in the United States for a significant amount of time and you want to pursue permanent residency through a green card. Perhaps you have gotten married, so you believe you can use that relationship with a U.S. citizen to apply for permanent residency.
Everyone’s situation is different, but it is very important to understand what legal options you have as you approach these deadlines.
