An H-1B visa holder has been laid off just before the holiday season. Their visa was approved only in mid November, and they lost their job at the end of the month. They do not have an H-1B visa stamp and are now considering a Change of Status to B-2.
Holiday timing tightens the 60 day window
The 60 day grace period starts from the last day of employment. With the holiday season beginning, finding a new job is almost impossible. The applicant is certain that securing an offer within this window will not happen.
COS to B-2 becomes urgent
The upcoming holidays make filing the I-539 COS urgent. USCIS usually slows down during this period. While a B-2 status does not allow work, it lets the applicant stay in the US and continue the job search. They can shift back to H-1B after getting a new offer.
Risk of NTAs even with pending applications
Experts warn that laid off workers are vulnerable. Some are receiving Notices to Appear even when their COS applications are pending. This places them in removal proceedings and adds further pressure during an already stressful time.
Legal help becomes crucial
Experts have advised the applicant to retain an immigration attorney. Legal guidance is important when dealing with NTAs, status changes, and strict timelines, especially during a period of slow processing and limited hiring.
A reminder of broader challenges
This case reflects the fragile position of foreign professionals in the US. The unstable job market and rising anti immigrant sentiment have left many immigrant workers exposed and unsure about their future.
