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H1B Layoffs / L1 Visa Lay Off | Understanding grace periods and status changes - YouTube
Channel: Maneesha Mukhi
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If you are on an L1 visa or H1B visa and
have recently been laid off, I made this video
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to help you navigate next steps.
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We have gotten a flood of queries about grace
periods, unlawful presence, changing status,
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and how to buy more time to wrap up affairs.
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So today I want to address all of these questions,
but I want to stress that every situation
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is unique.
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And if you are unsure about next steps, please
talk to an immigration attorney.
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Okay, let's dive in and get the basics straight.
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For more information like this, subscribe
to our channel and hit the bell to be notified
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when I post a new video.
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The first thing I want to talk about is the
difference between being out of status and
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being in the U.S. unlawfully, also known as
unlawful presence.
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When you get laid off on an L1 or H1B visa,
you get a 60 day grace period during which
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you can apply for a change of status, extension
of status, or simply use that time to wrap
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up your affairs.
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If your I-94 is valid for less than 60 days,
then your grace period will only last until
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that date.
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Now that's 60 days from your last day of work.
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Unlawful presence kicks in when you've been
out of status in the U.S. for more than 180
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days continuously.
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Now you do not want to get close to this 180
day threshold, because if you do, you will
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trigger a three-year ban to the U.S.
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The safest way to count this is to count 180
days from your last day of work and keep that
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date in mind.
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So while you can stay beyond the 60 day grace
period to wrap up your affairs, every lawyer
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is going to encourage you to leave as quickly
as possible.
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People have asked if there are any exceptions
to this, because we're in the middle of a
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pandemic right now.
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Unfortunately, the answer is no.
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The American Immigration Lawyers Association
has sent letters to the USCIS, asking them
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to extend deadlines and offer extensions in
light of the pandemic.
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However, I haven't seen anything positive
come out of those letters yet.
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Now, what if you have a lease or mortgage
or other affairs to wrap up, or there are
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no flights to your home country right now
because of the pandemic?
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Two to three months is not a lot of time to
wrap up affairs, and I know that's incredibly
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stressful.
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So let's talk about your immigration options
once you've been laid off.
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Basically you have three options.
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You must either find a new job, switch to
a different immigration or visa category,
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or leave the country.
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I'm going to start with H1B visa holders.
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If you can get a new job during the 60 day
grace period and get your new employer to
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file the H1 paperwork before the end of the
grace period, you can continue to live and
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work here.
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Now, I know we're in the middle of a pandemic
and finding a new job is very difficult, but
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it's not impossible.
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If you manage to do so, please keep in mind
that currently premium processing is suspended,
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which means that even if your new employer
does file your H1 paperwork for you,
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it may be several months before you actually
get an approval.
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However, you can continue to live here during
that time.
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For L1 visa holders, you cannot transfer your
status elsewhere, and to work for a new company
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your main option would be through a new H1B
visa.
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Now it's near impossible to get a new H1B
visa right now as H1B visas typically run
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out for the year as soon as the lottery opens,
and that has already happened this year.
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Now the exception to this are cap exempt institutions.
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Examples of this are higher education institutions,
government research organizations, and some
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other types of research organizations.
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Another exception is if you're a Canadian
citizen and you find a job that qualifies
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for a TN visa.
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If you cannot find a new job, but want a little
more time beyond the 60 day grace period to
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wrap up your affairs in the U.S., you can
talk to an immigration attorney about a change
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of status to B2 status, which is a tourist
visa.
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Now, here's the risk with trying to switch
to a B2 visa while you are in the U.S. after
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being laid off.
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A tourist visa is a short-term visa with non-immigrant
intent, meaning that the visit is temporary,
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and you do not intend to live here.
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The L1 visa and H1B visa are dual intent,
which means you can apply to live here permanently
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through the Green Card process.
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So when you try to adjust your status from
a dual intent visa to something like a tourist
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visa, they're going to see that you were living
here and recently got laid off, and that can
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make things a little tricky.
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There's no guarantee it will get approved,
and it will be evaluated on a case by case
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basis.
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While your B2 application is pending, you
can legally stay in the U.S.
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But if your change of status application gets
denied, you will be considered out of status
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from the date that your prior visa expired.
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If you're considering this, talk to a lawyer
to understand all the risks and benefits of
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applying for a B2 visa in this situation.
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If you happen to be married or engaged to
a U.S. citizen or Green Card holder when you
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get laid off, you might consider talking to
a lawyer to see if you could file for adjustment
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of status through marriage.
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Beyond this your options are limited unless
you have a substantial amount of money to
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invest in the U.S., or start a business.
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If you want to learn more about these options
or moving to Canada through employment, let
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me know in the comments.
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If you found this video helpful, hit the like
button below, subscribe to our channel and
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share this with anyone who's recently been
laid off on a work visa.
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I hope you're all staying safe, and I'll see
you in the next video.
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