An international worker on H-1B is facing a serious employment challenge after their previous employer shut down in February 2026. This sudden closure has left them with limited time to secure their legal status in the United States.
Under current rules, the worker must file a new H-1B transfer petition within the 60-day grace period. Missing this deadline could force the case into consular processing instead of a Change of Status.
Consular processing can complicate the situation further. In some cases, it may involve significantly higher costs, including a reported fee of up to $100,000, creating additional pressure on both the worker and employer.
The new employer has indicated that filing within the deadline may be difficult. This depends on how quickly the Labour Condition Application gets approved. They have also warned that they may withdraw the offer if extra costs apply.
Some experts suggest applying for a B-2 change of status as a temporary backup. However, the route from H-1B to B-2 and back to H-1B is currently facing strict scrutiny and higher rejection rates.
Another possible option is switching to F-1 status through a Day-1 CPT university. This allows the individual to continue working, but this path may also face challenges during future immigration reviews.
Each option carries its own risks and uncertainties. The worker must carefully evaluate the consequences before taking a decision, as it could impact both employment and immigration status.
Legal experts strongly recommend consulting an immigration attorney. Professional guidance can help in choosing the safest path and avoiding long-term complications.
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