Laid off FAQs

Impact of Layoffs on Pending Adjustment of Status (I-485)

Question

I have a pending I-485 Adjustment of Status application based on an approved I-140. If I am laid off but receive a severance package that keeps me on the "official" payroll for several weeks, when does my status become an issue, and can I move to a new employer?

Answer

 Under the American Competitiveness in the Twenty-First Century Act (AC21), you can "port" your green card process to a new employer if your I-485 has been pending for 180 days or more and you have an approved I-140. If you are laid off before the 180-day mark, you are in a more precarious position. However, if your employer keeps you on the payroll via severance, your official termination date (the date you no longer have a "bona fide" job offer) is what typically triggers the legal concern. You must find a "same or similar" occupational role to maintain the validity of the underlying green card petition.

Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional

Question

  1. I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
  1. When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
  1. What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?

Answer

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