A Potential Option for H1b Visa Holders to Extend Their 60-Day Grace Period
- Saimithra Reddy
- Jun 6, 2024
- 2 min read
2024 has not been a great year for employees working in tech companies. Large tech companies like Tesla, Amazon, Google, TikTok, Microsoft, and many more have laid off thousands of employees, and it doesn’t seem to be the end. It’s stressful enough to lose a job, but when you’re on an H-1B visa, you only have 60 days to find another job, which adds to the stress.
In the worst-case scenario that you are not able to find another job in the next 60 days, what are your options? One option that people are increasingly choosing to do is to do a change of status to B1/B2 status so that they have an 180 additional days to either wrap up their affairs in the U.S. and sell their belonging before leaving the country or to continue looking for a job.
Until now, it was always a bit of a grey area whether one could look for employment while in the United States on a B2 tourist visa. Although the law did not explicitly prohibit it, since it contradicted the temporary nature of a tourist visa, everyone assumed that it was not allowed. However, earlier this year, USCIS tweeted that it is okay to look for employment while in the United States on a B1/ B2 visa. What does this mean? It means that you can look for jobs and interview for jobs while you’re in the U.S. on this temporary status, but you CANNOT actually start working even if you are offered a job until your future employer files for a change of status (for example, from B2 to H1b), and that petition is approved.
Be sure to clearly explain your current legal status to any prospective employers and do not lie. This will have significant immigration consequences that could cause not only for any perspective employer to rescind a potential job offer, but also for you to violate the terms of your stay and cause immigration issues for you down the road.
Schedule a free consultation with us today to determine what your options are and whether this is the best option for you.
June 6, 2024
Written by: Attorney Saimithra Reddy
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