layoff on H1B

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

layoff on H1B

I am on an H1B visa.I was recently laid off and Sept 30th would be my last day at
the company. I have found a university that is accepting applications for a late
fall intake. If accepted into the school, I plan on changing my status to F-1 and
at the same time keep looking for new jobs. I am told it takes months for USCIS
to act on a change of status petition H1 to FI in my case. If I find a new
employer would I be able to start working while my existing change of status
petition is still pending with the USCIS?


Asked on August 28, 2016 under Immigration Law, New Jersey


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can do a change of status but you must be IN status at the time of filing that in order to get the change of status approved. If you are laid off, you must submit the change of status as soon as possible otherwise you will be out of status and then you will no longer be eligible for a change of status.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption