What happens if you get laid off from a company that sponsors your visa? 3 Answers as of November 04, 2010

I am allowed to work in the United States because my company sponsors my visa. However we are facing a period of massive layoffs and I am afraid of what will happen to my citizenship status if I am laid off. I have an H1B.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
First, what you have is not citizenship, but what is called a non-immigrant work visa, of which the H-1B is one of many such categories of visas. If your company lays you off, then you are officially considered out of status, but you are able to transfer your H-1B if able to obtain another labor-certified employer that hires you and successfully sponsors you in a companion petition for H-1B. Or, if your future employer also files a petition for adjustment of status for an employment-based green card, there is a possibility to obtain legal status, if your original H-1B visa has not expired. If you wish to discuss your situation further, please feel free to contact me by e-mail or phone to set up an in-person or phone consultation. I look forward to hearing from you.
Answer Applies to: California
Replied: 11/4/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You will have to return home, or you can find a new company with similar position to sponsor you again.
Answer Applies to: California
Replied: 10/26/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you are terminated, you would be out of status and would have to either find a new job right away and transfer your status to the new employer or if you remain in the US, you would be considered to be out of status.
Answer Applies to: California
Replied: 10/26/2010
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