An Indian professional's recent Reddit post has ignited a discussion about the precarious situation of H-1B visa holders who face job loss, specifically focusing on re-entry into the U.S. after a layoff. The user, currently in India, shared his concerns about potentially returning to the U.S. after being laid off while holding a valid H-1B visa and an approved I-140 immigrant petition. He questioned whether he could travel back to the U.S., given the uncertainty around how quickly an H-1B is cancelled after a job loss.
The Reddit post, titled "can I travel to US after getting laid off in India?", quickly gained traction, drawing responses from numerous users familiar with the complexities of U.S. work visas. Many commenters urged caution, highlighting the potential risks of attempting to re-enter the U.S. after a layoff. One user bluntly stated, "Legally speaking, you shouldn't travel to the US on H 1B when you are not employed".
Immigration attorney Ana Gabriela Urizar with Manifest Law clarified the rules regarding layoffs, travel, and re-entry into the U.S.. She explained that H-1B visas are employer-specific, and an individual's lawful status depends on active employment. "When someone gets laid off, they are no longer maintaining H-1B status through that employer," Urizar stated.
Urizar also addressed the 60-day grace period often associated with H-1B layoffs. This grace period, as provided by the USCIS, allows individuals to remain lawfully in the U.S. after termination to take steps such as filing a change of employer, changing visa status, or preparing to leave the country. However, she emphasized that "the grace period only applies if a recently terminated H-1B holder is physically present in the US". The grace period does not apply to those currently abroad, and they cannot rely on it to return to the U.S.. This interpretation has been reinforced by federal court decisions and USCIS policy guidance. Departing the U.S. during the grace period terminates it, requiring the individual to seek another immigration status to permit re-entry.
Urizar warned that traveling internationally after a layoff carries significant risk. "Even if your H-1B visa stamp remains valid, CBP officers can deny you entry because your underlying job no longer exists," she explained. The key exception is if the individual has already secured a new employer and a new H-1B petition has been filed. In this case, they may be able to re-enter the U.S. using their existing H-1B visa stamp, provided they carry proof that the new petition was filed, such as the Form I-797 receipt notice. If the new petition has already been approved, the individual should carry the approval notice when traveling.
Despite the general caution against travel after a layoff, some Reddit users offered alternative perspectives. One commenter suggested that entering the U.S. to dispose of property and "orderly disbanding" might be justifiable. However, another user shared a cautionary personal experience, stating, "I tried this and got rejected," underscoring the unpredictability of the process.
For H-1B holders in the U.S. facing layoff, options include transferring the H-1B to a new employer, changing to a different work visa, switching to a non-work visa, or applying for a self-sponsored green card. It is crucial to initiate the transfer process within the 60-day grace period by gathering required documents and having the new employer file Form I-129 and the associated Labor Condition Application (LCA).
The Reddit post and subsequent discussions highlight the vulnerability of foreign workers on H-1B visas, emphasizing the need for careful planning and awareness of immigration regulations when facing job loss. Immigration attorneys strongly advise H-1B workers to avoid international travel if termination is possible or recent and to seek legal counsel immediately.
