H-1B Worker on Vacation in India Laid Off by US Company: Is Returning to the US Still an Option?

H-1B visa holders in the United States are facing increasing challenges, with some losing jobs while on vacation in their home countries. Many are struggling with visa stamping delays, layoffs, and uncertainties regarding their status, as highlighted by a recent case involving an Indian worker.

The Indian Worker’s Situation
On Reddit, an Indian H-1B worker shared that while he was visiting India, his US employer terminated his employment. He revealed that his I-140 form for a green card had already been approved, and asked whether it was still possible to travel back to the United States.

Understanding the H-1B Rules
An H-1B visa is specifically tied to employment with a sponsoring company. If the worker’s employment ends, traveling to the US without a job is risky. US Customs and Border Protection (CBP) officers may request recent pay slips or proof of employment. Failure to provide these documents could result in the worker being considered out of status.

The Grace Period Misconception
Many workers assume that the 60-day grace period applies after losing a job, allowing them to stay in the US temporarily while seeking new employment. However, according to federal law (8 CFR 214.1(l)(2)), the grace period applies only to individuals physically present in the US. H-1B holders who are outside the country at the time of termination are not eligible for this protection.

Next Steps for the Worker
For this Indian worker, the immediate priority is to secure new employment in the US. Since his I-140 green card form is approved, he may qualify for an H-1B visa cap-exempt, potentially simplifying the process of returning to the United States once he has a new employer.

This case underscores the importance of understanding H-1B rules, particularly for workers traveling outside the US. Layoffs while abroad can have serious implications, and careful planning is essential to avoid visa complications.