USCIS released an information note on available options for nonimmigrant workers whose employment relationship with their workplace has been terminated, irrespective of being voluntarily or involuntarily. That is, USCIS summarized these options in relation to remain in the US within a period of authorized stay upon existing legislation. Below are some of the most prominent details the update covers:
- The discretionary 60 days grace period designated by regulations to allow employees in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications and their dependents to be deemed as maintaining their status for up to 60 more successive calendar days or until the end of the permitted validity period (whichever shorter)
- Transfer to a new employer enables workers in H-1B status to start working for a new employer once the employer duly files a new H-1B petition. The applicant is not required to wait for an apprıoval.
- An employee with an I-485 (adjustment of status) application pending for a minimum of 180 days, with an underlying I-140 application (immigrant visa petition for alien workers), may transfer the petition to a new employment proposition within the same or corresponding occupational categorization with the same or a new employer.
Other specified options and caveats are change of status, including ones based on a new employer-sponsored nonimmigrant status, adjustment of status, period of authorized stay because of compelling circumstances EAD, expedited adjudication criteria, departure from the US, and seeking readmission in the same or some other classifications.
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