Layoffs and gaps in employment can create real stress for people in H-1B status who are hoping to get a green card, even if they already have an approved I-140. Knowing exactly how these situations affect your eligibility and what steps you need to take can help you avoid losing your chance at permanent residency in the United States 🇺🇸. Here’s a clear guide to help you figure out if you still qualify, what you need to do, and what options you have if you run into trouble.
Do You Qualify to Keep H-1B Status and Green Card Eligibility After a Layoff or Job Gap?
Let’s break down the main rules and see if you meet the requirements:
1. H-1B Status After Job Loss: The 60-Day Grace Period
YES, you can stay in the United States 🇺🇸 for up to 60 days after losing your H-1B job.
If you lose your job, you have a 60-day grace period to find a new employer, change your visa status, or prepare to leave the country. During this time, you are not considered out of status. This rule applies to H-1B holders and some other work visa holders.
What you must do during the 60 days:
– Find a new employer willing to sponsor your H-1B and have them file a new H-1B petition for you.
– Change your status to another visa type if you qualify (for example, student or dependent).
– Leave the United States 🇺🇸 before the 60 days are up if you cannot find a new job or change status.
If you do not act within 60 days, you will be out of status and may have to leave the United States 🇺🇸 immediately.
Example:
Priya lost her H-1B job on June 1. She found a new job on June 30, and her new employer filed her H-1B transfer petition on July 10, which is within the 60-day grace period. Priya can stay in the United States 🇺🇸 and continue working once her new petition is approved.
2. H-1B Extensions Beyond Six Years with an Approved I-140
YES, you can extend your H-1B status beyond six years if you have an approved I-140 and your green card priority date is not current.
Normally, H-1B status is limited to six years. But if you have an approved I-140, you can get extensions in one-year or three-year increments, depending on your situation:
- One-year extensions: If your PERM or I-140 has been pending for over 365 days.
- Three-year extensions: If your I-140 is approved but your priority date is not current.
You must apply for these extensions before your current H-1B expires.
If you miss the deadline, you may lose your status.
Example:
Carlos has been in the United States 🇺🇸 on H-1B for six years. His I-140 was approved, but his priority date is not current. His employer files for a three-year H-1B extension before his current status expires. Carlos can stay and work while waiting for his green card.
3. Green Card Portability: Changing Jobs with an Approved I-140
YES, you can change jobs and keep your green card process moving if you meet certain conditions.
The American Competitiveness in the Twenty-First Century Act (AC21) allows you to “port” your green card petition to a new employer if:
- Your I-485 (adjustment of status) has been pending for at least 180 days, and
- The new job is in the same or similar occupational classification.
You must file Supplement J with your I-485 to confirm the new job offer is similar.
If your I-485 has not been pending for 180 days, you may lose your green card eligibility if your employer withdraws your I-140.
Example:
Anjali’s I-485 has been pending for 200 days. She gets a new job offer in a similar field. She files Supplement J with her new employer’s details. Her green card process continues without interruption.
4. Approved I-140 Validity After Job Change or Layoff
YES, your approved I-140 remains valid if it is not withdrawn within 180 days of approval and your priority date is current.
If your employer withdraws your I-140 within 180 days of approval, you lose the benefits of portability and H-1B extensions.
If your I-140 is withdrawn after 180 days, you keep your priority date and can use it for future green card filings.
Example:
David’s I-140 was approved 200 days ago. His employer withdraws it after he leaves. David keeps his priority date and can use it for a new green card process with a different employer.
5. Gaps in Employment Before and After I-485 Filing
NO, you may not be eligible for a green card if you have a gap in employment before filing I-485.
USCIS expects you to have a valid job offer and continuous employment when you file your I-485. If you have a gap, your application could be denied.
YES, you can have a gap in employment after filing I-485, but only after it has been pending for 180 days.
After 180 days, you can change jobs or have a gap, as long as you move to a similar job.
Example:
Sofia lost her job before filing I-485. She found a new job and her new employer started the green card process from scratch. If she had lost her job after I-485 was pending 180 days, she could have switched jobs without starting over.
6. Employment Authorization Document (EAD) and Unemployment
YES, you can work for any employer if you have an EAD after filing I-485.
If you lose your job but have an EAD, you can work elsewhere while waiting for your green card. Recent rules allow automatic EAD renewals for up to 540 days, reducing the risk of losing work authorization.
Example:
Mei filed her I-485 and received her EAD. Her job ended, but she quickly found a new one and continued working without interruption.
Disqualifying Factors
You may lose your H-1B status or green card eligibility if:
– You do not find a new job or change status within the 60-day grace period after layoff.
– Your employer withdraws your I-140 within 180 days of approval and you have not filed I-485.
– You have a gap in employment before filing I-485 and no valid job offer.
– You fail to file H-1B extensions or transfers before your current status expires.
Alternative Options If You Are Not Eligible
If you lose your H-1B status or green card eligibility, consider these alternatives:
– Change to another visa status (such as F-1 student or H-4 dependent) if you qualify.
– Leave the United States 🇺🇸 and reapply from abroad if possible.
– Start a new green card process with a new employer using your retained priority date (if your I-140 was approved for more than 180 days).
How to Improve Your Chances
- Act quickly: Use the 60-day grace period wisely. Start your job search immediately after a layoff.
- Keep all documents: Save copies of job offers, pay stubs, approval notices, and all filings.
- Plan ahead: Ask your employer to file H-1B extensions early, especially if you are close to the six-year limit.
- File Supplement J when changing jobs after 180 days of pending I-485.
- Monitor your EAD expiration and apply for renewal early. Take advantage of the 540-day automatic extension.
- Stay informed: Check official resources like the USCIS H-1B FAQs for the latest updates.
Recent Policy Updates and Practical Tips
- Automatic EAD renewals now last up to 540 days, helping you avoid work gaps.
- Remote work flexibility has improved for H-1B holders, but job duties must still match your approved petition.
- Strict filing timelines for H-1B cap season mean employers must act quickly and keep good records.
As reported by VisaVerge.com, these changes give more flexibility to workers but also require careful planning and quick action to avoid losing status.
Takeaways
- You can keep your H-1B status and green card eligibility after a layoff if you act within the 60-day grace period and meet all filing requirements.
- An approved I-140 gives you important protections, but only if you follow the rules for job changes and extensions.
- Keep your paperwork organized, act quickly, and use official resources to stay up to date.
If you’re unsure about your situation, talk to an immigration lawyer or check the latest government guidance. Taking the right steps now can protect your future in the United States 🇺🇸.
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