What Happens to My H-1B Status After the Job Termination

Dr. William:

I am in H-1B status now, and may end the current job due to the project funding. What happens to my H-1B status after the job termination, if I can not find a new employer to sponsor another H-1B for me?


Answer:

If no other visa petition is filed and you can not find another job in time, your job termination as a H-1B holder means that you are out of status. If you remain in the United States after the expiration date on the I-94 card, or the date the USCIS determines the individual to be out of status, "unlawful presence" starts accruing. 

Under current law, a short period of unlawful presence only requires you to depart the United States before obtaining a new visa status and reentering. 

 

 

 

     

 

 

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