A recent post on Reddit has highlighted the challenges faced by an Indian IT professional who was laid off on October 3, shortly after his H-1B visa with change of status became effective on October 1. The user, previously on F-1 OPT, shared his concerns about navigating his legal status and employment options in the U.S.
Understanding H-1B Activation Amid Layoff
The professional asked the community, “Is there some way I can check for sure if my H-1B is activated and effective from Oct 1st and that it is not affected by my termination on Oct 3rd?” He also sought clarity on when his 60-day unemployment period would start and what options he had if he could not find a new job within that timeframe.
One Reddit user responded, “Sorry to hear. Your H-1B is now active, but the timing of your layoff is unfortunate. If your last working day is today, then the 60 day clock starts today. Usually the lawyers recommend getting two paychecks to switch jobs, but in your case, you will only have one. Anyways, that’s something to worry about later. If you can’t get a job in 60 days, then you can switch to B-2. Take the weekend to process this and start actively searching from Monday.”
Legal Advice and Options Moving Forward
Another user reassured the poster, “You are lucky that your COS was approved and you were laid off after October 1st. You have been counted against the cap. Assuming the new 100k fee is struck down in the Court, you should be able to come back on this visa (theoretically) even if you were to leave the country.”
The post has since gained attention for highlighting the precarious nature of employment-based visas and the uncertainty H-1B holders face when sudden layoffs occur.