How long can I stay in the U.S. legally if my employer fires me or if I am laid off?

There is no statutory provision on this issue.  INS internal memo mentioned 60 days "grace period" for you to change back to H-1B if your employment is terminated.  Our experience tell us that the memo is not binding on the individual INS officer who adjudicates your petition and you should not intend to take advantage of the "grace period".  If you know you are going to be out of job or you have actually be laid off, try your best to change to another nonimmigrant status, for example, to H-4, F-1, B-2, etc. DO not sit there doing nothing about your status.  If you are out of status for an extended period, if the INS officer is not graceful, you will be in trouble.  If you can read Chinese language, read our articles for more information.

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The information contained in these articles are offered only for general informational and educational purposes.  They are not offered and do not constitute legal advice of this law office.  Please consult an immigration attorney for current information that applies to your specific situation.