How can I defend my H-1B and inexperienced card if I’m laid off? • TechCrunch

Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.

“Your questions are very important to the unfold of data that enables folks all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in folks ops, a founder or searching for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”

TechCrunch+ members obtain entry to weekly “Pricey Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.

Pricey Sophie,

I’m contemplating leaving my present, regular job for a job with a giant identify in tech. I’m excited, however nervous.

I’ve been listening to that you may lose your H-1B standing in case you are laid off. Is there any approach I can defend my immigration standing whereas making a daring job transfer?

— Leap of Religion

Pricey Leap,

With tweets like this floating round, it’s a very vital time to contemplate a “Plan B” in the event you’re an immigrant working within the U.S. on a H-1B! The excellent news is that you may bridge your standing with a concurrent H-1B to guard your self in case of a layoff.

Earlier than you are taking the leap and transfer to the brand new firm, it’s vital to stock your private immigration system round such components as:

• What’s my present standing within the U.S. and when does it expire?
• Which legitimate visas do I’ve in my passport, and when do they expire?
• What are my wants for worldwide journey: can I keep put in the united statesfor now whereas consulates are nonetheless backlogged?
• The place am I within the inexperienced card course of: do I want a PERM and has it been filed? Has the I-140 been filed? Do I’ve a precedence date, and what’s it? What dates am I taking a look at for an I-485?

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)

A variety of these are authorized questions that require vital paperwork that it’s best to accumulate as proof of your standing, rights and advantages. You may additionally have to seek the advice of an immigration legal professional unbiased of your organization to know your rights and choices.

In the event you do transfer to a brand new firm, take into account acquiring a “concurrent H-1B” on the second firm. I typically speak about concurrent H-1Bs within the context of acquiring an H-1B if you weren’t chosen within the annual lottery, however this idea has different purposes as properly.

One choice is to get a suggestion for a second, part-time job to work at one other firm. If you wish to do that, take into account consulting an employment legal professional to ensure you’re not violating any guarantees you made by accepting your provide or signing a confidentiality settlement together with your first H-1B employer. Some firms have guidelines and committees that resolve if present staff are allowed to discovered startups on the facet.