USCIS Publishes FAQs for Individuals in H-1B Nonimmigrant Status
/On July 17, 2024, USCIS published information intended to address common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members. The information in this FAQ includes:
An eligible H-1B worker can change employers as soon as the new employer’s nonfrivolous H-1B petition is properly filed with USCIS.
USCIS will not revoke a Form I-140 petition approval solely due to the termination of the petitioner’s business or the employer’s withdrawal, as long as the petition has been approved for at least 180 days or the associated adjustment of status application has been pending for at least 180 days, and the petition approval is not revoked on other grounds. In this scenario, the H-1B worker will retain their priority date.
When an H-1B worker’s employment is terminated (either voluntarily or involuntarily), they typically may take one of several actions, such as changing to another nonimmigrant status, to remain in a period of authorized stay in the United States beyond 60 days.
The chart provided by USCIS here summarizes some common scenarios for H-1B workers. The information in this chart is general and does not capture all relevant details or considerations. Nonimmigrant should consult an immigration attorney for case-specific issues.
