Came home for vacation and lost the job, will H-1B workers get entry into US again? Immigration expert explained

Summary

American flag (Photo- Pexels) H-1B Visa: The easiest way to go to America so far has been the H-1B visa, through which millions of Indian skilled workers have reached here so far. This visa allows them to work in sectors ranging from tech to healthcare. Indians who went to work in America on H-1B visa…

Came home for vacation and lost the job, will H-1B workers get entry into US again? Immigration expert explained

American flag (Photo- Pexels)
H-1B Visa: The easiest way to go to America so far has been the H-1B visa, through which millions of Indian skilled workers have reached here so far. This visa allows them to work in sectors ranging from tech to healthcare. Indians who went to work in America on H-1B visa have reached top positions in their respective companies. But today this visa has become a cause of concern and uncertainty for Indian workers. The visa changes in America have worried Indian workers the most.

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The biggest concern is the continuous layoffs. There have been many times when an Indian worker has gone on a holiday in India or to a country outside India and his company has laid off him. many many H-1B workers Have faced such situations. At the same time, some employees are fired from the job while living outside America, but because they are on notice period, they are also getting salary every month. When they return to the US, they are sometimes re-screened at the airport.

In some cases, US Customs and Border Protection U.S. officials allowed such workers to come to America, but also warned them that they could stay in the country only as long as they were getting salaries. During this period, no written document is received and only the original visa expiry date remains recorded in the I-94 record. This is creating a lot of confusion. In such a situation, let us know that H-1B visa But what are the rules regarding re-entry into America after losing a job?

What are the rules after leaving the job on H-1B?

Immigration attorney Gyanmukan Senthurjothi told Financial Express that the 60-day grace period under the H-1B visa law is often misunderstood. There are many situations where this rule does not apply, but workers feel that the grace period law will apply to them. He told that the grace period is given to the H-1B worker so that after being laid off from the job, he can stay in America and find a new job or prepare to leave from here. If someone gets laid off while living abroad or leaves the US after losing a job, he does not get the option of a grace period.

Will we get entry into US again?

Senthurjothi said that if someone loses his job, he should not re-enter America on H-1B status without any job offer. CBP may determine that the person does not meet the basic requirements for re-entry into the country. When someone leaves the US, his grace period also ends and the benefit is not available upon returning. Even if you get a new job later. Re-entry after termination must be based on valid status, such as an approved H-1B petition or another nonimmigrant visa.