How can I defend my H-1B and inexperienced card if I’m laid off? • TechCrunch

Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.

“Your questions are very important to the unfold of data that enables folks all around the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in folks ops, a founder or looking for a job in Silicon Valley, I’d like to answer your questions in my subsequent column.”

TechCrunch+ members obtain entry to weekly “Expensive Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.

Expensive Sophie,

I’m contemplating leaving my present, regular job for a job with an enormous title in tech. I’m excited, however nervous.

I’ve been listening to that you would be able to lose your H-1B standing in case you are laid off. Is there any approach I can defend my immigration standing whereas making a daring job transfer?

— Leap of Religion

Expensive Leap,

With tweets like this floating round, it’s a very essential time to think about a “Plan B” if you happen to’re an immigrant working within the U.S. on a H-1B! The excellent news is that you would be able to bridge your standing with a concurrent H-1B to guard your self in case of a layoff.

Earlier than you’re taking the leap and transfer to the brand new firm, it’s essential to stock your private immigration system round such components as:

  • What’s my present standing within the U.S. and when does it expire?
  • Which legitimate visas do I’ve in my passport, and when do they expire?
  • What are my wants for worldwide journey: Can I keep put within the U.S. for now whereas consulates are nonetheless backlogged?
  • The place am I within the inexperienced card course of: Do I want a PERM and has it been filed? Has the I-140 been filed? Do I’ve a precedence date, and what’s it? What dates am I for an I-485?
A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)

A whole lot of these are authorized questions that require essential paperwork that it is best to accumulate as proof of your standing, rights and advantages. You may also have to seek the advice of an immigration legal professional unbiased of your organization to grasp your rights and choices.

In case you do transfer to a brand new firm, take into account acquiring a “concurrent H-1B” on the second firm. I usually discuss concurrent H-1Bs within the context of obtaining an H-1B if you were not selected in the annual lottery, however this idea has different functions as nicely.

One choice is to get a suggestion for a second, part-time job to work at one other firm. If you wish to do that, take into account consulting an employment legal professional to be sure you’re not violating any guarantees you made by accepting your supply or signing a confidentiality settlement along with your first H-1B employer. Some corporations have guidelines and committees that determine if present staff are allowed to discovered startups on the facet.

Source link






Leave a Reply

Your email address will not be published. Required fields are marked *