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Options available for H-1B workers to stay in US beyond 60 days says USCIS
When a H1-B worker’s laid off, either voluntarily or involuntarily, they may apply for a change of nonimmigrant status and stay in the U.S. legally.
There is a misconception that laid-off immigrant workers with H-1B visas have to leave the US within 60 days, U.S. Citizenship and Immigration Services (USCIS) Director Ur M. Jaddou said in a response to the Foundation for India and Indian Diaspora Studies USA (FIIDS).
Last month, FIIDS wrote a letter to the USCIS asking for an extension of the 60-day deadline for laid-off H1B professionals, after which they will lose their visa status. In the received response posted on March 29, 2023, USCIS stated “When nonimmigrant workers are laid off, most individuals facing job loss already have several options in order to remain in the United States while continuing their job search past 60 days.â€
As per available remedies, when a nonimmigrant worker’s employment is terminated, either voluntarily or involuntarily, they may apply for a change of nonimmigrant status, adjustment of status, a “compelling circumstances†employment authorization document; or be the beneficiary of a non frivolous petition to change employer if eligible, to remain in a period of authorized stay in the US.
If one of the actions occurs within the 60-day grace period, the nonimmigrant’s period of authorized stayin the United States can exceed 60 days, even if they lose their previous non-immigrant status. USCIS further stated, “If the worker takes no action within the grace period,they and their dependents may then need to depart the US within 60 days, or when their authorized validity period ends, whichever is shorter.â€
“We appreciate the USCIS for clearly providing options for the laid-off H1B holders. The official communication will improve the possibility for the H1B holders to remain legally in the US. We will still work with the DHS to change the grace period†FIIDS policy director, Khanderao Kand said.
In its response, the agency messaged, “USCIS recognizes the contributions made to the United States by talented foreign-born workers including in the STEM fields.  We will continue to monitor technology sector layoffs and explore appropriate measures.â€
The Overseas Organization for Better Bihar celebrated the Bharatiya Janata Party (BJP) led National Democratic Alliance's (NDA) election win in Bihar, in Milpitas, California, on Nov. 20.
The BJP-led NDA achieved a resounding landslide victory in the 2025 Bihar Assembly elections, securing 202 of 243 seats to form the government for the fifth consecutive term under Chief Minister Nitish Kumar.
Organized in collaboration with NRI's of San Francisco, the celebration brought together leaders of associations representing many Indian States including Bihar, Telangana, Uttar Pradesh, Maharashtra, Punjab, W. Bengal, Karnataka, Gujarat and Kerala.
The event was also attended by representatives from other community organizations like A4H, Fremont Temple and HSS.
ALSO READ: OFBJP-Chicago celebrates Bihar victory
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