Excerpts from Immigration AMA

Tech companies are reeling under the global macroeconomic headwinds and an overall inflationary environment, which has impacted operating margins and profitability. As a result, hundreds of tech employees have been laid off, many of whom were immigrants. It has left them distressed and uncertain about their future and stay in the US. This newsletter is an attempt by PrepVector to answer some of their most critical questions. If you are an immigrant who has been affected by the layoff, read on.

About the Hosts:

Manisha Arora is a Data Scientist at Google, currently leading the Measurement and Experimentation vertical for their Ads platform across Search, YouTube, Shopping, and Display. She works with top Google advertisers to support their marketing and business objectives through data insights, machine learning, and experimentation solutions.?

Siddarth Ranganathan currently works as a Principal Data Science Manager at Microsoft. He leads a large team of data scientists and engineers to deliver strategies for Microsoft Azure. He has 19 years experience across Tech and Healthcare and holds an MBA degree from USC Marshall.

About the Speakers:

Soundarya Balasubramani is the co-author of the book Unshackled, which aims at helping skilled immigrants navigate the complex immigration process in the US. Her first book, Admitted, became a best-seller on Amazon India. Being a problem solver, Soundarya has also worked in the product niche as a PM at Salesforce.

Sameer Khedekar is the co-author of Unshackled and an immigration lawyer. He is the Founder & Managing Attorney of Banyan, a global immigration law firm. He aims to make immigration transparent and stress-free for skilled immigrants and has experience working with several hundred immigrants.

With that, let’s deep-dive into some key questions:

How much time does an H1B visa holder have to find another job after being laid off?

You have 60 days to find another job. It generally begins the day you get laid off. Whenever an employer lays off an employee on a visa, the employer sends a legal document to the USCIS stating the termination of the employee. This legal document mentions the last working day of the employee and the last paycheck date. Based on this date received by the USCIS, the 60-day period begins. In certain cases, you can request your ex-employer to extend the date that notifies the USCIS officials of the termination and retain you on "garden leave".

As a student on F1 OPT, with the EAD expiring soon, what are the options available?

Being on F1 OPT or with STEM extension, you will only get a certain period of time to look for another job. Talk to your ex-employer to notify the school about the termination or the new employment, as the school keeps track of your employment.?Unlike H1B visa holders, there aren't any pay or wage guidelines for students on OPT or STEM extensions. If you are a student and lost a job due to layoffs, an option to consider is changing your status to? B2 visitor visa, which will give you 6 months time to find a job. Once you get a job, you can change your visa status from B2 to H1B given you have sufficient time remaining on your H1B visa. However, students who decide to take this route should keep in mind that they have to leave the country to get their visa stamped and return back to the US as per the process.

How is the stay affected for couples who are on dependent (L1) or independent (H1B or F1) visas?

If the person who got laid off is an H1B visa holder and his/her spouse is on an F1 visa, the spouse is not affected as an F1 visa is an independent visa. On the other hand, if the spouse holds an H4 visa, which is a dependent visa, then both are affected and have a 60-day time period to find another job.

If I’m on a H1B and transfer my visa status to a dependent visa, what happens to the green card process?

The continuation or termination of green card processing depends on the stage at which the individual is in the process. If the employee is terminated, the employer wouldn't continue the process. For example, if a PERM is pending, it might be approved after the employee's termination, but I-140 will not be filed.?In a rare case, if I-485 has been filed, then post termination the green card process will continue.

Post layoff, if I change my visa status to B1 or H4, can I go back to H1B visa status, and how long will it take?

Once you have taken the lottery and are in H1B status, you can go back to a different visa status and then return to H1B status. This can happen over a period of six years. You do not have to enter the lottery unless the six year time window has expired.

Can I enroll for a PhD or Day-1 CPT to extend my visa extension?

This is a personal decision made by the individual, but it is worth noting that the visa status will be changed from H1B to F1. Day-1 CPT is legal, but it is advisable to not proceed with this as the government doesn’t favor Day-1 CPT.

Can I explore entrepreneurship?

If you already have an idea and have been thinking about seriously pursuing it, you can certainly explore it. There are many VC firms that help immigrant founders and provide assistance with visa sponsorship.?Check out Soundarya's post for details about the VCs supporting immigrant founders.

What are the other countries where I can explore opportunities in the tech space?

Companies in Canada could assist candidates with their visa/PR based on their skills. It might be worth exploring.

Closing thoughts:

Soundarya and Sameer are authoring a book, Unshackled, which?will cover?all?the paths you can take to get your green card or start your company on a visa. It is filled with stories of past immigrants, actionable advice from experts, and fun visuals. Visit their site, ‘www.readunshackled.com’ to pre-order the book.

Layoffs can be turbulent but the best you can do is to stay strong and use this time effectively to upscale your skills. PrepVector has a lot of free resources that you can use to put your best foot forward as you plan your next career move. Download our free resources here.

It has been an absolute pleasure to have Soundarya and Sameer for this Immigration AMA. We want to thank them for sharing their knowledge and helping folks during these difficult times!

Disclaimer: The information in this article is provided for informational purposes only, and should not be construed as legal advice on immigration or any related matters. Please contact their attorney to obtain advice on legal matters.