Source: https://layoffs.fyi/
1►
After H-1B layoff: How is the 60-day grace period calculated?
A: Once an H-1B is dismissed, there is a 60-day grace period.simply put,The 60-day grace period is calculated from the receipt of the last pay stub from the original employer, Pay Stub (severance compensation is also a type of salary).
Things to watch out for:60 days or the number of days until the status expires at the time of unemployment/resignation, whichever is shorter.
Example:
小明持有H-1B为A公司工作。小明的H-1B有效日期是从2019年12月30日到2022年12月31日。A公司2022年9月30日将小明解雇了。小明享有60天的宽限期吗？
Answer: Yes
If Company A fires Xiao Ming on November 2022, 11, will Xiao Ming still enjoy a 30-day grace period?
A: There is a grace period, but less than 60 days.Only 31 days.
2►
How to apply for a grace period?
答:No application needs to be submitted.In practice, when the applicant subsequently submits an application for extension of status or an application for conversion to other status, USCIS will determine whether the grace period is reasonably used based on the facts.
3►
Can I work during the 60-day grace period?
answer:No.
4►
Can H-1B holders receive unemployment insurance benefits?
答:Most likely it is not possible.There is a requirement to apply for unemployment benefits, that is, the unemployed "able and available to accept suitable positions while they collectbenefits and must be actively seeking employment".But the unemployed cannot work until the new H-1B is processed.There is also the risk of rejection of applications submitted.There are many legal barriers in it, which can be described as "a ring of a ring".While the subjective intent is to work hard to find a job, these de facto barriers make it impossible for the H-1B unemployed to be immediately able and available for work.Therefore, we deduce that H-1B holders cannot apply for unemployment benefits after being fired.
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5►
How to keep legal status in the shortest time?
答:
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Find a new job and apply for the H-1B transfer. (very challenging the recruitment environment)
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Apply for a change of status within the United States.Such as spouse visa/B-2 tourist visa/F-1 student visa.
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O-1/L-1 other categories of work visas
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Continuation of legal status through marriage
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Leave the U.S. and come back later on an under-stated H-1B
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