Is Your H1B Selection Still Valid After Layoffs or Job Changing?

First round of H1B lottery in March has seen an exceptionally low selection rate, leading to anxiety and uncertainty for many. Before the second round of H1B draw which happened two weeks ago, some individuals chose to switch jobs, return home, or were even laid off by their companies. However, USCIS brought luck to some, and they were granted an H1B visa in the second H1B selection.

Today, let's explore various complex cases to understand if your H1B visa from the second lottery is still valid. Don't forget to like and share this post; it might come in handy if you find yourself in similar circumstances during this or possible future third lottery.

Situation 1: You Changed Jobs, but Your Previous Company Selected an H1B Visa

In this scenario, as long as you negotiate with your previous employer and they agree to rehire you, your H1B visa can be maintained. If your previous employer files for H1B premium processing, you can obtain the filing results within 15 working days but need to pay a $2500 processing fee. After two paychecks, you can seek legal help to transfer your H1B back to the new company. This path involves several risky steps, requiring negotiation with both employers and a lawyer to see if it's feasible.

Situation 2: You Were Laid Off After Applying for an H1B Visa

Some have faced layoffs after the first lottery but found that their company didn't withdraw their H1B application. Here, negotiation with your former employer is crucial to ensure they submit the filing documents before the deadline. If they disagree, the H1B for sure becomes void. However, if the layoff was due to visa issues, you might still negotiate, and if the company submits your documents and your H1B is approved, your visa status is secured. Even if your original position no longer exists, after H1B approval, you can find a lawyer to transfer your H1B to a new company.

If you are currently in the U.S. under OPT or OPT extension grace period status, your employer must submit a full H1B application before the grace period ends, allowing you to start work by October 1 at the earliest. If the company can't guarantee a submission before the grace period ends, you must leave the country, then re-enter through an H1B visa once it's approved.

Situation 3: You're Still Employed but Currently Out of the Country

This scenario is relatively easier to handle. H1B applications can be effective either domestically or abroad. If you're currently overseas and want a domestic activation, return to the U.S. before your employer submits your H1B application, and remain until it's effective. If you opt for overseas activation, once your company completes the H1B application, you can obtain your visa through a consulate interview and return to the U.S. to work.

Conclusion

The complexities of the H1B process can be overwhelming, but understanding your specific situation and knowing the right steps can make a difference. We wish everyone the best of luck with their H1B filings and hope for a smooth process.