If you're unsure/nervous, talk to an immigration lawyer. A 1 hour consultation is quite affordable.
It should also be noted that this 60-day margin is a recent (2015 or so) relief by the Obama administration that for some reason managed to fly under the Trump radar of undoing Obama's immigration-related reprieves.
Before that, you would technically be in violation of status literally the next day of the firing. Imagine living in the US legally for 10+ yrs, having a house and kids here who are American citizens, and suddenly be in violation of status and expected to pack your bags and leave the next day coz you got laid off.
I see a lot of (well-justified) anger on HN against H-1B etc. but most citizens don't know what perversities our so called 'highly qualified' labor pool has to deal with. These are unique to the United States, btw. No other developed country has such a ridiculous work visa system.
> Before that, you would technically be in violation ...
The word technically is my point. Nobody was actually treated that way in reality, and lawyers know what's real and what's just theory.
My H1B info is second hand and 10+ year old, so don't take it at face value, but the same goes for what this kinkrtyavimoodh persona says :)
I’ve pointed out this awful situation where you can not afford to ever get let go from your job under any circumstances without jeopardising your life and your family’s life. In response I get “well if they’re so highly skilled, why are they getting let go?” Ask that question to the top comment on this thread, if you think it’s a fair one.
Every year H1Bs need to go back to their home country to get their visa stamped. Why can’t they just go to a government agency within the US? Fuck if I know.
Switching jobs again is a huge pain. A friend of mine has been waiting in India for a few months for his visa to be transferred from one company to another. Imagine if he had kids who were going to school.
But you think this is temporary right? Eventually you get a Green Card and everything gets much better. Wrong. If you’re Indian it could take anywhere between 15 to 20 years to get that Green Card. You will be living the life of a H1B until then.
Contrast all this to my experience in Europe. I got my visa within 2 weeks. I’m treated with respect here. There’s a clear path to Permanent Residency here - just stay in the country for 5 years on my current visa. There’s a clear path to citizenship if I want it - just be a Permanent Resident for 1 year. I don’t get jerked around with stamping requirements. My spouse can work without worrying about rule changes.
Of course, the vagaries of the H1B program along with the indignities and suffering that people go through might actually be a feature, not a bug. The goal could be to create a “hostile environment” to keep the bad sort out. In that case it’s doing really well.
Unless you are filing as EB1, expect to (and plan to) not get it in your lifetime unless the govt changes something.
I'm asking mostly rhetorically (since I know of a handful of people that applied as well as got their non-EB1 green cards within the span of my lifetime), but slightly curiously as well (if you know any recent trends, etc).
Plan to is absolutely the best advice as far as I'm concerned
As an American-born person my frustration with H-1B is twofold: lower wages and abusive treatment of employees. Perspective taking and empathy can be hard when you're talking about a situation you can't relate to but that hardly excuses the atrocious behavior on the part of employers.