Welcome to this comprehensive guide designed to help you navigate the complexities of your [immigration status](/immigration-resources/us-immigration-court-guide) after losing your job in the United States. If you're here, you're likely in the U.S. on a [work visa](https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html^) and have recently been laid off. This situation can be stressful and confusing, but we're here to help you understand your options and the steps you can take to maintain your lawful presence in the U.S.

This article is primarily intended for individuals who have lost their job while on a U.S. work visa. However, anyone interested in understanding the immigration rules and regulations surrounding employment-based visas will find this information useful.

In the following sections, we'll explain what it means to be "out of status", the [grace period](https://www.uscis.gov/newsroom/alerts/options-for-nonimmigrant-workers-following-termination-of-employment^) you have to find new employment, and the options available to you after losing your job. We'll also discuss special considerations for those who are in the process of applying for a [green card](/immigration-resources/green-card-immigration-guide). Let's get started.

Understanding Immigration Status Post Job Loss

When you lose your job while on a work visa, such as an H-1B, you are immediately considered "out of status". This term might sound alarming, but what it essentially means is that your immigration status, which is tied to your employment, is now in a state of limbo because you're no longer employed.

However, it's important to note that this does not mean you have to leave the U.S. immediately. The U.S. immigration system understands that job loss can be sudden and unexpected, and therefore, provides a 60-day grace period during which you can find new employment. This grace period starts from the last day of actual work, not the last day of payment. 

It's crucial to remember that if your [I-94 form](/immigration-resources/i-797-notice-of-action-forms-guide) (Arrival/Departure Record) expires before the end of the 60-day grace period, you must follow the date on the I-94. In other words, the expiration date on your I-94 form takes precedence over the 60-day grace period. 

In the next section, we'll discuss the options you have during and after this grace period.

When you lose your job while on a work visa, you generally have three options to consider. Let's discuss each one in detail:

Each of these options has its own implications and potential consequences. Therefore, it's recommended to consult with an [immigration attorney](/immigration-resources/immigration-parole-guide) to understand which option is best for your specific situation. In the next section, we'll discuss special considerations for those who are in the process of applying for a green card.

Special Considerations for Green Card Applicants

If you were in the process of being sponsored for a green card at the time of your job loss, there are some additional factors to consider. 

When your employer files an [adjustment of status](/immigration-resources/change-status-b1-b2-marriage-green-card-guide) application on your behalf, and it has been pending for over 180 days prior to the lay-off, you can change jobs without jeopardizing your green card application. This is known as the "180-day rule". However, it's important to note that the new job must be similar to the previous one. 

Once your adjustment of status application is filed, you may also be eligible to apply for an Employment Authorization Document (EAD). An EAD provides some protection as it allows you to work for any employer, not just the one sponsoring your green card. However, it's important to remember that changing employers can have consequences for your immigration status and pending petitions.

Because the process of applying for a green card involves many complex steps and requirements, it's highly recommended to consult with an immigration attorney. They can provide guidance tailored to your specific situation and help you navigate the potential consequences of changing employers. 

In the next section, we'll delve deeper into the importance of legal consultation during this process.

Navigating the U.S. immigration system, especially after losing a job, can be a complex and daunting task. This is why it's highly recommended to consult with an immigration attorney. 

An immigration attorney can provide you with personalized advice based on your specific situation. They can help you understand the implications of your choices, guide you through the process of [finding new employment](https://dol.georgia.gov/individuals/job-search-assistance^) or changing your visa status, and assist you in maintaining your lawful presence in the U.S.

Moreover, if you're in the process of applying for a green card, an immigration attorney can help you understand the potential consequences of changing employers and guide you through the complex steps involved in the application process.

Failing to consult with an attorney could lead to misunderstandings about your immigration status and potential missteps. These could jeopardize your ability to stay in the U.S. or return in the future. Therefore, seeking legal advice is a crucial step in managing your immigration status after job loss.

In the next and final section, we'll recap the key points discussed in this article and provide some final thoughts.

Losing a job while on a U.S. work visa can be a challenging experience, but understanding your immigration status and the options available to you can help you navigate this difficult time. 

Remember, you are considered "out of status" once you lose your job, but you have a 60-day grace period to find new employment or change your visa status. If your I-94 expires before the end of this grace period, you must follow the date on the I-94.

Your options generally include [leaving the U.S.](https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/options-for-nonimmigrant-workers-following-termination-of-employment^), finding new employment within the grace period, or applying for a different type of visa. If you were in the process of being sponsored for a green card, you might be able to change jobs without jeopardizing your application, provided the new job is similar to the previous one and your adjustment of status application had been pending for over 180 days prior to the lay-off.

Throughout this process, consulting with an immigration attorney is highly recommended. They can provide personalized advice and guidance, helping you make informed decisions and maintain your lawful presence in the U.S.

We hope this article has provided you with a clearer understanding of your immigration status and the steps you can take after losing your job. Remember, you're not alone in this journey, and there are resources available to help you navigate this challenging situation.

Lost your job while on a U.S. work visa? This guide helps you understand your immigration status and next steps. You have a 60-day grace period to find new employment or change your visa status. If your I-94 form expires before this, follow the date on the form. Your options include leaving the U.S., finding new employment, or applying for a different visa. Job changes under certain conditions won't affect green card applications. For personalized advice, consult an immigration attorney.

Managing U.S. Immigration Status After Job Loss

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