H1B Status Won't Change If You Lose Your Job In USA Or You Need To Leave America!


Guest

Guest

Dec 23, 2022


The nonimmigrant visa which allows high-skilled foreign nationals, including international students, to work long-term in the United States and provide them with the opportunity to become employment-based immigrants in the country is witnessing an upsurge in the number of the status awarded to Indian nationals.

H1B Status Won't Change If You Lose Your Job In USA Or You Need To Leave America!

The United States has always been among the most coveted destinations preferred by Indian tech workers or students, especially for those looking for higher studies.

During the age of the Trump administration in the world’s largest economy, the number of H-1B visas issued to foreign nationals including Indians fell drastically, which was then affected by the restrictions put in place due to the Covid-19 pandemic.

However, the number of these visas issued to Indian nationals is witnessing a rise recently. According to data provided by the US mission in India, a record number of 82,000 student visas were issued to Indian students in 2022, with the Indian nationals usurping the biggest chunk of foreign nationals in the academic year.

Further, the famous OPT or the optional practical training status was awarded to 81,173 Indian students in the US. This status allows an immigrant student in the US to work in the country after completing their studies/courses.

This offers a temporary employment status and does not require the candidate to have a job offer during the application, unlike the H-1B visa.

However, with the job cuts globally on the rise, Indian citizens who are on an OPT status or have an H-1B visa status valid in the US are getting worried due to the dire condition of the job market as well as an expected recession hitting the US in the upcoming year.

To address this, the managing partner of one of the largest immigration law firms in Houston, US, Reddy & Neumann, Emily Neumann says, “Even if someone may have to relocate outside of the US due to the job loss, it often is a temporary situation. A new employer can file a new H-1B petition that is not ‘subject to the cap’ and obtain the approval for consular processing to recapture any time left towards the six-year limit for the H-1B visa.

She added that for students on an F-1 visa, they can easily obtain part-time employment or unpaid training, short-term gigs, contract work, and even self-employment shall they lose their jobs in the ongoing mass lay-offs.


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