H-1B worker with pending EB-3 green card reveals immigration dilemma: 'I may not find a new employer'

An H-1B worker in the US faces layoff amid a pending EB-3 green card application.

A US-based H-1B worker facing a layoff has turned to an online immigration forum for advice after finding themselves caught between a 60-day grace period and a pending EB-3 green card application.

The H-1B worker considered switching to an F-1 student visa by enrolling in a master's program after the layoff. (X/@unumihaimedia)

The worker, who shared their situation on Reddit, said they were recently laid off from their H-1B job and are now worried about maintaining their legal status if they cannot secure another employer in time. "I’m in a bit of a tricky situation and would really appreciate some guidance," the worker wrote.

They explained that they have a pending EB-3 I-485 adjustment of status application and that their employer has confirmed it will not withdraw their I-140 petition or take any action that could negatively affect their green card process.

However, with uncertainty in the job market, the worker said they were concerned about finding a new sponsor before the grace period expires. "I’m concerned that I may not be able to find a new H-1B employer within the 60-day grace period," the worker wrote.

Worker considers switching from H-1B to F-1 status

The worker said they had heard that the move could be risky because F-1 visas are generally considered single-intent nonimmigrant visas, while a pending I-485 indicates an ongoing effort to obtain permanent residency. "I’m trying to understand what my best options are," the worker wrote, asking whether others had faced a similar situation.

Reddit users weigh in

Several commenters advised seeking guidance from an immigration attorney, while others discussed possible options based on the worker's pending adjustment application.

One commenter suggested that a pending I-485 could provide some protection, especially if the worker had also applied for an employment authorization document (EAD) when filing the adjustment application.

"Pending I-485 itself is a valid immigration status," the commenter wrote, adding that an approved EAD could allow the person to work without relying on H-1B sponsorship.

Another commenter cautioned against switching to F-1 status, writing that a person with a pending I-485 may face challenges because of the immigrant intent associated with adjustment of status.

H-1B and student visa rules face possible changes

The discussion comes as employment-based immigration remains under scrutiny amid potential policy changes in the US.

The Trump administration recently outlined a regulatory roadmap that could affect H-1B visas, international student programs, green card processes and employer requirements. The proposals are not final rules and would need to go through the federal rulemaking process before taking effect.

The administration is also considering changes involving international students, including programs such as Optional Practical Training (OPT), STEM OPT extensions and Curricular Practical Training (CPT).