How long may I stay in the country on an H-1B visa if I get laid off?

What are my employer’s obligations if I am laid off?

This is a complicated issue. Please contact your Human Resources/Immigration Department or the lawyer to address this issue should it arise. Generally, an individual in H-1B status who terminates employment must leave the U.S., have a change of employer H-1B petition filed on his/her behalf, or, if qualified, file a change of status application.

An H-1B employer is liable for the reasonable costs of return transportation to your last place of foreign residence if the employer dismisses you from employment before the end of the period of your authorized H-1B status. However, your employer is not liable for return transportation costs for your family members. If you voluntarily terminate your employment prior to the expiration of the validity of the H-1B petition, this means that you have not been dismissed and your employer is not liable for the cost of return transportation. If you believe that your employer has not complied with this requirement, you may advise the USCIS Service Center that adjudicated your H-1B petition in writing. The complaint will be retained in the USCIS file relating to the petition.


How do I extend my H-1B status?
How long can I stay in the U.S. in H-1B status?
How soon after filing an H-1B petition can I start to work?
How long will it take to receive approval of the H-1B visa petition?
What steps are involved in the processing of an H-1B petition?

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