Can Student Visa Holders Apply for a Green Card?
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H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs
Question details
I am on an H-1B visa and recently got laid off.
If I don't find a job within the 60 days grace period:
1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?
2. If not, what are my options?
3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?
4. What does the company that let me go send to the USCIS as documentation for termination of contract?
FAQ Transcript
- Sure, you can go back to your home country. No, you do not have to go through the lottery again.
- H-4 and F-1 CPT visas would be options.
- You actually just need a copy of your H-1B approval.
- If an employer wants to conclude an H-1B, they have to do three things: First, they have to inform the employee that their job is terminated. Second, they have to offer the employee a one-way ticket back to their home country. Third, they have to put it down in writing and request that the H-1B be revoked because they have to write to the USCIS.
Feb 24, 2023, Rajiv in QnA on behalf of students and young professionals
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