Overview:
- Being laid off or changing jobs during OPT
- Job changes before H-1B activation after selection in the lottery
- Employment transitions during the H-1B validity period
- Job changes during the green card application process
Laid Off or Changing Jobs During OPT?
During your OPT (Optional Practical Training) period, you have a lot of flexibility. You are allowed a 90-day unemployment period during which you can change jobs freely, as long as the new job is related to your major.
If you’re laid off, actively search for new employment and report your new job to your school as soon as possible. USCIS (U.S. Citizenship and Immigration Services) tracks your unemployment period based on reports from your school, which issues your OPT I-20. You must report any employment changes to your school, which will then inform USCIS.
When reporting to your school, you don’t need to provide an offer letter or special proof—simply enter the employment start and end dates in the school’s system. Since OPT can be an internship, especially in the first year and even an unpaid one, most schools will trust your information and report it to USCIS accordingly.
For those on a STEM OPT Extension, the process is slightly more complex. You’ll need to submit the I-983 form, detailing your job content and specifics. However, the school only reports your employment status to USCIS as compliant with regulations; the specific job details are not shared with USCIS.
⚠️ Tip: During OPT and OPT Extension, your employment dates aren’t strictly monitored, and you can generally self-report them. However, keep your offer letters and pay stubs as proof of legal employment, especially if you apply for H-1B or a green card later. These documents could be crucial if a strict officer questions your legal status during your time in the U.S.
Laid Off or Changing Jobs Before H-1B Activation After Lottery Selection?
This situation is tricky, but not impossible, especially given the recent wave of layoffs. The key is to wait until October 1st when your H-1B takes effect before making any major decisions.
The H-1B application is typically submitted in March, with results announced by April 1st. After that, the process includes filing and responding to RFEs (Requests for Evidence). If everything is approved, the H-1B takes effect on October 1st.
Scenarios to Consider:
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Before May Filing Deadline: If your company submitted your application and you were selected but are laid off or leave before the May filing deadline, your H-1B selection won’t help—your company won’t file for you.
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During the Review Period: If you’re laid off or leave during the review period, your previous company may revoke your H-1B support, leaving you in the same situation as above.
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After H-1B Approval: If your H-1B is approved, usually around July or August, do not leave voluntarily. If you’re terminated, try negotiating with HR for unpaid leave or FLMA to extend your employment until October 1st. Once your H-1B is effective, you can transfer it to a new job without reentering the lottery. However, be cautious; you’ll need to provide evidence, such as pay stubs, to USCIS to prove you maintained legal H-1B status.
H-1B Transfer Risks: If your H-1B transfer is denied, it’s equivalent to an initial H-1B denial, and you’ll need to leave the country promptly. To avoid this, get approval for your H-1B transfer before resigning from your current job.
Laid Off or Changing Jobs During H-1B?
During your 6-year H-1B period, you have relative freedom to switch jobs, provided the new employer is willing to accept an H-1B transfer. However, some companies may not accept transfers, so clarify this during your job search.
If you’re laid off, you have a 60-day grace period to find new employment. You can negotiate with HR regarding your final day of employment. If your employer is flexible, they might allow you 1-2 months of unpaid leave, extending your grace period to find a new job. The 60-day grace period starts from the time you leave the company payroll. If the company isn’t flexible, try negotiating for FLMA.
If you can’t find a job within 60 days but want to stay in the U.S., consider switching to F-1 status. Day 1 CPT schools are a good option as they are easier to apply to, have more application windows, and issue I-20s quickly. You don’t need to be a full-time student; enrolling in a legitimate school where USCIS won’t question your F-1 status is sufficient. Once you find a job, you can switch back to H-1B without reentering the lottery.
Laid Off or Changing Jobs During the Green Card Application?
Ideally, by this point, you’ve already obtained your green card. If not, you should at least have submitted your PERM and be awaiting processing.
If your H-1B has expired after its 6-year period and your employer is assisting with your green card, the sequence generally follows: PERM → I-140 → I-485.
Key Considerations:
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PERM: If you’re laid off or leave during the PERM process, your application will be invalidated. You’ll have to start over if you find a new job.
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I-140: After obtaining PERM approval, your employer must submit an I-140 application. If you’re laid off or leave during this process, your application will be invalidated. A new employer cannot continue your I-140 application, so you’ll need to start with a new PERM.
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I-140 Approval: Once your I-140 is approved, you can lock in your priority date (PD). If you change jobs, you’ll need to reapply for PERM, but your PD can be retained.
If your I-140 has been approved but you haven’t submitted your I-485 application, you can apply for an H-1B extension, which can be extended for up to 3 years. If you change jobs while holding an extended H-1B visa, you can transfer it, but you’ll need to start your green card application process over.
Important Note: If your I-140 is approved for less than 180 days, your employer can revoke it, invalidating your H-1B extension.
If you’ve already submitted your I-485 and change jobs, the new job’s duties, salary, and other details must be similar to your previous job. Your new employer must submit an I-485 J form to USCIS to prove this similarity.
If you meet these conditions and USCIS has received your I-485 application for more than 180 days, you don’t need to reapply for an employment-based green card, and changing employers won’t affect your green card application.
Final Thoughts
If you lose your job, whether during H-1B, F-1, or PERM processing, and still want to stay in the U.S., consider returning to school on Day 1 CPT while searching for new employment.
Another option is to leave the U.S. for a year, find a new employer, and return on an H-1B visa. If your new employer submits an I-129 application and it’s approved, you can work on an H-1B visa for 3 years, with the option to renew for another 3 years without reapplying.
These are some of the strategies for dealing with status loss due to layoffs. If you have other experiences to share, feel free to comment below, and we can discuss possible solutions.
Note: The above content is for informational purposes only and does not constitute legal advice. For legal guidance, please consult a professional attorney.
