Indian H1B lottery winner in tough spot after layoff amid job search and visa deadline

An Indian H1B lottery winner faces layoff and a 60-day window to find new employment.

An Indian professional who was fortunate enough to win the H1B lottery this year is now confronting an unexpected hurdle after being laid off from his job. With his H1B visa stamping scheduled for December 20th, he faces a precarious situation, as his last working day is set for January 5th.

After winning the H1B lottery, an Indian worker faces job loss and a 60-day deadline to find new employment to keep his visa status. (HT File Photo/ Representational image)

What is the daunting issue and dilemma?

The issue lies in the fact that after being laid off, the individual has only 60 days to secure a new job in order to maintain his H1B status. This 60-day grace period is provided by U.S. immigration rules, allowing H1B visa holders to look for new employment without losing their legal status. If he fails to find a new job within this time frame, he risks losing his H1B status and potentially facing deportation, making this a critical period for him to find a new employer willing to sponsor his visa, as reported by m9.news.

The dilemma that the employee confronts now is that if he should wait out his 60-day grace period in India and return to the US when he secures a new job with an H1B transfer, all while his visa status remains at stake. The uncertainty and anxiety are unnerving, especially for someone who is eager to climb the success ladder in his career but is now stuck in this tough situation.

A crisis faced by many

This situation is not one of its kind as many of the H1B holders go through the same stress and anxiety. Moreover, being laid off at this stage feels like a one-two punch–grappling with the stress of job insecurity while simultaneously trying to navigate the rigid timelines of U.S. immigration laws. Even with the best efforts, the clock is ticking, and the pressure is mounting.

And while the grace period comes as a sliver of hope it is necessary to move forward thoughtfully and carefully during this time.