Citizenship and immigration status verification backgrounder 05 28-2011
Layoffs and Your Immigration Status
description
Transcript of Layoffs and Your Immigration Status
Immigration and Layoffs:
What Happens to Your Immigration Status When You Lose Your Job?
Murali Bashyam, Esq.www.bashyamspiro.com
Sponsored by the Canadian Expat Network
www.canadianexpatnetwork.com www.cen-jobs.com
Frequently Asked Questions
What Happens to My Immigration Status After A Layoff?How Long Can I Stay in the U.S.?What Are My Options?What Happens to My ‘Green Card’ Application?
What is The Difference Between a Visa and an I-94 Card?
• The I-94 Card Controls Your Stay in the U.S.• The Visa Just Allows You to Enter the U.S. in that Status• If You Stay In U.S. Illegally for 180 Days Past Expiration
Date on I-94, Barred From Returning to U.S. for 3 Years• If You Stay in U.S. Illegally for 1 year Past I-94 Expiration
Date, Barred from Returning for 10 Years
What Happens To My H1B Status After a Layoff? Is There a Grace Period?
• No Grace Period• 10 Day Grace Period only After I-94 Expires
What If I Want To Stay and Look for Another Job?
• Can File for Change of Status to B-1 Business Visitor
I Was Laid off Yesterday But Expect to Have Another Job Offer in a Few Weeks, What Do I Do?
• If in H-1B Status, USCIS has Discretion to Excuse ‘Gap’ Between Termination Date and Filing of New H1B Transfer Application
• The Longer the ‘Gap’, the less likely USCIS Will Excuse It• What Is the Hardship If the Gap is Not Excused? Be Upfront
With USCIS• Can Go Back to Canada and Re-Enter/Consular Process if
No Valid Visa in Passport • Transfer Application Not Subject to H-1B Cap
What About if I hold L1A or TN Status? What Happens Then if I am Laid Off?
• If in L1 or TN Status, You Will Be ‘Out of Status’ Immediately upon Termination.
• Options? Change to B1 Business Visitor or if Canadian, go to Canada and Return Back as a Visitor.
• No Waiting Period for Canadians to Return as a Visitor• Canadians Can Stay for up to 6 Months in Visitor Status
I Hold L1A Status and I was Laid Off. How do I obtain TN Status?
• TN Status for Canadians and Mexicans Only• Must Have Job Offer from U.S. Company• Job Must be One That is Listed in NAFTA• List of Jobs under NAFTA:
http://bashyamspiro.com/default.aspx?tabid=141 • Must Meet Education/Experience Requirements• Can Obtain for Initial Period of 3 Years• Issues with TNs and Management Consultants
What Happens to an F1 Student on Optional Practical Training (OPT) after a Layoff?
During post-completion OPT, F-1 status is dependent upon employment. Regular OPT students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization. STEM students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total 29-month OPT period.
What Happens To My ‘Green Card’ Application After a Layoff?
• Depends on Stage of Processing• Only Labor Certification? Null and Void• Only I-140 Approval? Null and Void• Both Labor Certification and I-140 are Employer Specific
What If My Employer Wants To Hire Me Back in The Future?
• Green Card is ‘Future Looking’• If Intention to Re-Hire Exists, Potential for Case to Continue
What is AC21 and How Can It Help Me After A Layoff?
• If I-140 Approved and I-485 Pending for over 180 Days• Can ‘Port’ to New Employer and Not Lose Green Card
Application• New Job must be ‘Same or Similar to’ Old One
What if My I-140 Has Not Been Approved Yet?
• Has it Been Pending Over 180 Days?• If Yes, Legally can Port Under AC21• However, Complications in Practice with USCIS
What if I am Married to a U.S. Citizen? Do I Still Need to Worry about My Status?
• U.S. Citizen Spouse Can Sponsor You for Permanent Resident Status
• Once Filed, Can Stay in U.S.• Can Obtain Employment Authorization
Document (EAD) After 2-3 Months of Filing Application
Can I Get Unemployment Benefits?
• Determined by State Law• To Get Benefits, Worker Must Be Able to Return to Work• If A Nonimmigrant Worker is Laid Off, they No Longer
Have Work Status in the U.S.• A Laid Off Nonimmigrant Worker May Have Problems
Getting Unemployment Benefits
THANK YOUBashyam Spiro LLPTel: 919-833-0840
www.bashyamspiro.com
Canadian Expat Networkwww.canadianexpatnetwork.com
www.cen-jobs.com