Indian techies on H-1B visas without green card petitions worst hit by layoffs


NEW DELHI: With big layoffs announced by several US companies, many Indian techies, who are on non-immigrant work permit visas, are badly hit.

Many on H-1B and L-1 visas, who have been laid-off, now face the grim reality of having to leave the US even though they have lived and worked there for many years. However, when faced with a termination notice from an employer, an Indian employee on an H-1B visa does have options to stay on in the US and look for another job.

When H-1B employment ends, though the employee is immediately out of status; the 2017 I-140 final rule provides 60-day grace period of continued status upon cessation of employment within I-94 (arrival-departure record form) validity for a change of employer petition to be filed. Upon termination, the employer must file a withdrawal of the H-1B employment petition with the US Citizenship and Immigration Services (USCIS).

“A person in the US in H status has a 60-day grace period within H-1B I-94 validity after H-1B employment termination. After the 60-day grace period within I-94 validity the H-1 is out of status, but lawfully present. The H-1 beneficiary may remain in the US for the entire H-1B I-94 validity and be lawfully present; even after the 60-day grace period,” explains Donald E Smith, managing attorney and shareholder of the northern California immigration law firm Litwin & Smith.




“在美H- 1B签证持有人在I-94有效期内,拥有60天的宽限期。I-94有效期内,60天宽限期到期后,H-1签证失效,但可合法居留。即使在60天宽限期之后,H-1签证随同人可以在H- 1B  I-94有效期内留在美国并合法居留。”北加州移民律师事务所Litwin & Smith的管理律师兼合伙人唐纳德E史密斯解释道。

There are thousands of Indian professionals in the US who are on H visas and have been waiting for many years on long green card queues. The situation is more flexble for them than those in H-1B status without a pending green card application. “When laid off, a person in the US in H-1B status while their green card application is pending, may rely upon their green card employment authorisation document (EAD card) for continued employment within the US for same or similar employment as that sponsored,” says Smith.

On the other hand, a person in the US in H-1B status, without a pending green card application, will need to seek a new H-1B employment. “Those with H-1B status may return to India to pursue other employment opportunities. A person in India with H-1B remainder time, of the six-year limit, may be petitioned by a US employer in the future not subject to the H-1B cap,” Smith adds.

H and L visa holders, who are facing job losses, may also consider establishing a US entity to provide services within their field of expertise. “H visa holders might join together and the US entity that they form can sponsor H-1 visa holders for employment,” Smith said.






Simple Boy•2 hours ago

Good achievement by NRI's they make our country proud, so govt should extend support to them in such times.




User SUNDARARAMAN SRINIVASAN•Unknown•3 hours ago

No issue at all --- let our NRIs come back here --- best avocation of pakora-making on streets & platforms await them..................




Rational Indian•Bangalore•11 hours ago

I see unprecedented craze among young professionals for overseas jobs without doing any feasibility. Many of them are going after overseas jobs even if they are paid less in comparison to what they probably would earn in India. They do not see any professional attributes like future growth potential, job-security etc. They just want to experience western culture, they think that by moving overseas their life would be superior.




SlamDunk•US•12 hours ago

Been there, done that...Green Card waiting is not worth it. India has ample opportunities .You have one life to live better live close to them. Heard lot of female don't even want come to US as they have tons of good jobs (now even work from home) and domestic help available to make life little easier




Logician•12 hours ago

The main reason behind these layoffs of Indians in U.S.A is a result of millions of Indians after 2014 went to U.S because of highest unemployment in India soon after PM Modi and BJP came to power in 2014. Now all of them must never try to come back even if they have to wash cars or wash utensils to survive because here in India the things are even worse and all of them must not come back to India and must till 2024 when Mr. Rahul Gandhi Ji becomes PM of India, otherwise na idhar ke rahenge ... Read More




Pipe•Bharat•12 hours ago

When close to 20K or more qualified people int he same exact tech space are let go - good jobs, or any jobs, are and will be hard to come by. I am guessing many will prefer to stay there illegally rather than come back home.




User Kumar•12 hours ago

Dont give undue attention to just doctors and engineers.......Respect all jobs




Rocky Reh•12 hours ago

why hindoos leave ram rajya to go struggle out?




SlamDunk• Rocky Reh•US•11 hours ago

to spread Ram Rajya everywhere !! Jealous?




ZN swq2•13 hours ago

Govt must declare same salaries and benefits to the IT professionals so they return back to motherland.



Zavier Banerjea•13 hours ago

These US techies have earned enough money and more that Indian techies would never achieve. No need to project them as victims. They are very well off




Rational Indian• Zavier Banerjea•Bangalore•11 hours ago

Not true! Perhaps you do not understand the H1B game! Most of the H1B employees are the most exploited ones!




bhartiya singh•13 hours ago

India Techies in USA on H-1B Visas are brainy lot and they will find better opportunities within US. Even if they return to India after being laid-off, booming Indian economy will absorb them. India is no more a lame duck but an emerging global economic power with highest growth rate.




•13 hours ago

Immigration lawyers are minting money




•13 hours ago





Suvle Seeker•Haiti•13 hours ago

All bad advice. The deep recession is just begin8ng. Second the parallel tech ( IT) recession is running parallel to it but is much deeper. Google will announce huge employee reduction weeks from today. Many others will add more reduction last week of Dec and in January. So nobody ( except very very few) want to sponsor H1B.




• Suvle Seeker•13 hours ago

Very insensitive, heartless comment. Maybe none of your family or friends in that bad situation in USA.




Chander•Ahmedabad•14 hours ago

Our most revered PM should use his personal relations with Mr. Joe Biden in right earnest to save the livelihood of those people are the torch bearer of the nation and earned immense respect beside valuable foreign exchange for the nation.




•14 hours ago

it's better work hard in india




DDP• Satya•Malaysia•8 hours ago

Sorry Satya, Koo, our twitter equivalent only has 1 crore users. Even if our techies create new equivalents, we will never use coz we glorify anything foreign. Too bad!

抱歉Satya, Koo,我们的推特用户只有1000万。就算我们的技术人员打造出新的推特之流,我们也不会用,因为我们就喜欢外国的东西。太气人了!



User Kumar•14 hours ago

Why do we pamper cricketers, doctors and engineers and undermine other equally important jobs..........These people are the most cunning and selfish lot who desert India at the first chance and then talk bad about India abroad




• User Kumar•14 hours ago

Don't worry, you'll get over the sour grapes syndrome, sooner or later.




• User Kumar•14 hours ago

stop whining so much. You give importance to other jobs then. Who is stop you?




Raj•14 hours ago

Go back and Make One Dazzling India.




Blake Carrington•Atlanta•15 hours ago

India should create a home coming program. But do you know in Hyderabad, if the Techie on H1 B does not get green card, he has to return the dowry to his in laws.... These days it's like deposit or loan against green card which these H1 Clowns use to buy house in US.




Guest Login

Please dont come back to India and take up the available jobs for indians staying here




Kamal Saboo

welcome back. modis india need you more than bidens america.




Need More Land

Bring back all of our techies and create national digital voting system that is fool proof.




Piyush Mohapatra

Don't publish this irrelevant article in India. Nobody who is IN India needs to know about it.

Wasted 3 precious minutes minutes of my life in this article.





•15 hours ago

Any job, anywhere that does not involve manufacturing will be mobile. Such jobs can easily shed workforce and still be stable. In a rush to make the quick buck, many engineers whose academic preparation could make them highly eligible to work in the manufacturing sector, switched to software (IT) jobs. There are two bad effects: (1) such IT jobs can shed kabor easily, and, (2) the manufacturing sector is starving because of the dire lack of qualified personnel. Amidst such a crisis, one keeps blaming Modi, BJP, China, USA etc.


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