Significant delays in US visa processing, stemming from enhanced social media vetting initiated on 15 December, have left many H-1B visa holders in India anxious and confused. Applicants are flooding online forums seeking clarity on their application status and next steps as the slowdown continues.
Understanding the H-1B Status After a Layoff
The confusion was highlighted by a Reddit user who questioned whether he could return to the United States after being laid off while visiting India, despite having a valid H-1B visa stamp. To address these widespread concerns, immigration experts explain the critical rules governing layoffs, travel, and re-entry for H-1B professionals.
Ana Gabriela Urizar, an immigration lawyer with Manifest Law, clarified that H-1B visas are tied to a specific employer. "When someone gets laid off, they are no longer maintaining H-1B status through that employer," she stated. The lawful status is dependent on active employment with the petitioning company.
The Crucial 60-Day Grace Period and Its Limits
Urizar pointed out that USCIS offers a 60-day grace period following job termination, or until the I-94 admission record expires—whichever is sooner. This window is designed to allow individuals to remain lawfully in the US to find a new employer, file for a change of status, or prepare to depart.
However, she issued a vital warning based on USCIS policy and federal court rulings: "The grace period only applies if a recently terminated H-1B holder is physically present in the US." This protection does not extend to individuals who are abroad. "The grace period ends upon any departure from the United States," Urizar emphasized. If you leave the US during this period, you must secure another immigration status to permit re-entry.
High Risks of International Travel Post-Layoff
Urizar cautioned that international travel after a layoff carries extreme risk for H-1B visa holders. "Travel after a layoff is extremely risky. Even if your H-1B visa stamp remains valid, CBP officers can deny you entry because your underlying job no longer exists," she explained.
There is a key exception: If a new employer has filed or approved a fresh H-1B petition, travel may be possible. The individual must carry proof, such as the Form I-797 receipt notice for a filed petition or the approval notice for an approved one. "In most cases, international travel after termination should be avoided unless a new H-1B petition has been filed or ideally approved," Urizar stressed, noting that departure can terminate the grace period and complicate reentry.
Essential Precautions for H-1B Holders
The attorney outlined critical steps for visa holders facing a job loss or planning travel:
- Consult an immigration attorney immediately before making any travel plans.
- Act swiftly within the 60-day grace period, remembering it becomes void upon leaving the US.
- If a new employer is found, file the H-1B transfer petition as soon as possible, ideally before any international travel.
- Understand that departure may block re-entry unless a new petition is approved and, if needed, a new visa is issued.
Given the current consular delays and expanded vetting, Urizar advised extra caution with travel bookings. Visa appointments are frequently rescheduled with little notice. Purchasing flexible or refundable airline tickets, though costlier upfront, can prevent significant financial loss.
Finally, meticulous documentation is paramount. Travelers should carry all relevant papers, including:
- Termination letter and final pay stubs
- New employer's offer letter
- H-1B petition receipt and prior approval notices (I-797)
- Valid I-94 record
Being thoroughly prepared with these documents can make a decisive difference during immigration inspections and visa processing, concluded Urizar.
