American Dream Turned Nightmare: H-1B Visa Holder's Shocking Layoff Experience Highlights Importance of Plan B

Image Source: Internet

A 29-year-old H-1B visa holder's recent Reddit post has sparked concern among Indian workers in the United States. The individual was laid off just a month after returning to the US, despite having been with the same company since 2021. His story highlights the vulnerability of H-1B workers, who are skilled professionals but not entirely protected from layoffs. H-1B workers often assume they are safe until they are not, but immigration lawyer Rahul Reddy warns that 'every H-1B worker needs a Plan B' before a crisis hits. Reddy suggests that workers should be prepared with a contingency plan in case of a layoff. In the event of a layoff, H-1B workers have several options to consider: 1. **B-2 Visitor Status: Time to Regroup**: Applying for B-2 status allows workers to remain in the US for a few months while considering their options. This status provides a much-needed break, although it does not grant work authorization. 2. **F-1 Student Status: Upskill and Stay**: Changing to F-1 status can enable workers to stay in the US if continuing their study is a feasible choice. As long as the program's start date falls within the grace period, this status is lawfully valid. 3. **H-4 Dependent Status: The Most Underused Safety Net**: Choosing H-4 status is often the safest option if the spouse has an H-1B visa. This status permits the worker to remain in the nation and removes the need for unnecessary travel. Getting an H-4 EAD offers an extra advantage if qualified. 4. **Returning to the Home Country: A Risky Move**: Leaving the country during the grace period preserves legal status, but many workers may now be subject to the $100,000 H-1B fee rule if they return on a new H-1B. This is no longer a risk-free choice to just 'go home and return with a new approval.' In the event of a layoff, H-1B workers are entitled to a 60-day grace period. While this may seem like a long time, many people find it slipping away while they look for a new job, try to move, and deal with the stress of losing their status anchor. To avoid this situation, it is essential for H-1B workers to have a Plan B in place, as recommended by Reddy.