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Biden’s fumbling and bumbling debate performance has been the talk of the town. The chances of Trump winning the election has significantly increased now. The chances of any bill that would remove per country quota is almost zero once the new presidency starts.
A new aggressive USCIS director will most likely be appointed when the new presidency begins. The chances of H-1B visas being denied on flimsy grounds like specialty occupation for non-computer science degrees may increase significantly.
Many desperate H-1B holders who have been living in the country for than ten years and extending their H-1b multiple times are looking for other alternative options.
The EB-5 investment green card is a good option for those who can now use their increased home equity. Many law firms are also helping software engineers on H-1B visa who are stuck in green card backlog to obtain a green card through the EB1-A (Alien of Extraordinary Ability) route.
Very few tech companies like NVidia are generating profits this year. Hence top management in many failing tech companies find it easier to cut expenses via employee layoffs. A layoff of 2 to 3 employees can also affect the ability of a tech company to file perm(labor) for 180 days according to Department of Labor rules.
When an employee in H-1B status is laid off there are many other things to consider. The first and foremost issue is the grace period. H-1B employees have 60 days to find another employer who is willing to file a H-1B petition on their behalf.
The second issue is the green card process. If an employee is laid off in the fifth or sixth year of their H-1B period, they need to find an employer who is willing to file Perm (labor) immediately.
It takes around 3 months to do Pre-Perm paperwork and another 4 months for Perm to be approved. It takes another 4 months for I-140 to be approved. A one-year timeline is required for both Perm and I-140 to be approved. Then the employee in H-1B status can have unlimited 3-year extensions. If the Perm and I-140 are not filed in a timely manner the employee will not able to get an extension beyond 6 years.
If an employee is laid off while the Perm is pending, then the priority date cannot be retained or ported to another employer.
If an employee is laid off while the I-140 is pending, then it depends on whether the employer will withdraw the H-1B petition immediately or not. If the ex-employer does not withdraw the pending I-140 petition there is a good chance that the I-140 petition will be approved without an RFE and the priority date can be retained.
This is not immigration or investment advice. This is a sponsored educational article. We are actively recruiting .net, java, python developers, data engineers, cloud and AI specialists. US Citizens, Permanent Residents, and individuals authorized by USCIS to work in the US are encouraged to apply. H-1B transfers and H-1B layoffs are also welcomed. Please submit your resume to [email protected].
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