H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

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1. On my H-1B visa, my last day of employment was date X, but my last paycheck was until date Y but this paycheck was for Severance pay. So, my H-1B 60-day grace period has started from date X or date Y?

2. Is it mandatory to have health insurance during H-1B 60-day grace period or beyond, and would it affect status or future visa/immigration if failed to get health insurance for some time?

3. If H-1B change of employer is filed during H-1B 60-day grace period, but during this transfer process 60-day grace period is ended, then is it legal to stay in the U.S. during this period while H-1B change of employer is in process? Or is there a way to stay in U.S. during that period?

 

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FAQ Transcript

The grace period begins after the last pay period covered by the paycheck, not the last date of employment. Health insurance is not mandatory during the grace period, but COBRA (Consolidated Omnibus Budget Reconciliation Act) protection is an option. If an H-1B change of employer is filed during the grace period and ends, it is legal to stay in the US, and you can start working once the USCIS receives the papers within 60 days.

NIW Criteria

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I am currently doing my bachelor's in Computer Science outside the US, my goal is to work in an industry that generally doesn't sponsor visas. I was born in Canada, so just a ROW backlog. Since I can't rely on anyone sponsoring H1B or even TN(also not a TN classified job), I will need a green card before working in the industry.

I'm wondering how difficult it is to get an EB2-NIW with just a bachelor's (exceptional ability), can you explain the process and criteria for this if possible?

My field is adjacent to AI/ML right now I'm doing an internship as an Undergraduate research assistant and by the end, I should have 6 internships (not sure if this helps). The criteria I'm going for (obviously just a guess right now) I'm planning to get a few certifications for AI/ML (from reputable organizations).

I will have a degree in the field. I'm already a member of a few organizations in my field. I can get my professors, managers during my internships and other peers, to write recommendation letters for me.

Can you provide some context as to what they are looking for in this category and it would be great if you could give some recommendations on what I can do to build a solid case. I'm already a member of a few organizations in my field (eg: IEEE and BCS)

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FAQ Transcript

As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.

 

Transitions From H-1B job loss to B-2 status and impact on future H-1B employment

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I entered the country back in 2019 to complete my Masters degree (F1 Visa). I am on an H1-B visa, which was approved last year (10/01/2022 - 10/10/2025). However, I have yet to go to India, so visa stamping is incomplete. I got laid off on December 14, 2023, so I am on my 60-day grace period. Suppose I cannot secure a new role within the 60-day grace period. In that case, I am considering changing my status to a B2 visa to extend my stay and continue looking for an opportunity. However, since my H1 visa is not stamped, will that create an issue filling for a change of status to a B2 visa? And when I land a new job returning from B2 to H1, would that be an issue since the visa won't be stamped either?

 

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FAQ Transcript

As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.

 

Holding two full-time IT jobs on H-4 EAD

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Can one do two full-time jobs in IT/Software development when on H4 EAD? Is there any downside to it on any kind of future approvals by USCIS?

 

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As an H-4 EAD visa holder, you have the flexibility to hold multiple full-time IT jobs or work in any field without constraints on location, offering more rights compared to an H-1B holder. H-4 EAD visa holders can also start their businesses, hire employees, and have the freedom to choose when or if they want to work.

 

Recording for January 4, 2024 Conference Call with Rajiv S. Khanna

Discussion Topics, Thursday, January 04, 2024

FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer