Is INS Letting Things Slide for Laid Off H1B Workers?
Posted Mar 23, 2001

We at the Law Office of Sheela Murthy have received many inquiries about articles appearing all over the internet stating that the INS had liberalized their policy on laid off H1B workers. People have been asking, is this really true, and will this apparent new policy help people in this situation.

We have now received confirmation that in fact INS has not changed its view that a person on H1B who is laid off is considered in violation of his/her status. Many who find themselves in this situation have a new employer file an H1B. If one is no longer working at the time the H1B petition is filed, the H1B petition can still be approved. However, the type of approval is likely to require travel outside of the U.S. and readmission on a new H1B visa, rather than the type of approval with I-94 attached.

In reality, there has never been a 10-day rule for filing through another employer, and INS has always had discretion to consider the matter on a case-by-case basis. However, INS is most definitely not committing itself to "let things slide."

We at The Law Office of Sheela Murthy appreciate the opportunity to clarify this issue, which caused a lot of excitement in the immigrant community. Stay tuned to our MurthyBulletins and our MurthyChat on murthy.com for updates.