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The agency has asked prospective employees to ensure that applicants have changed visa status before starting a new role.
In a memo and series of tweets, the U.S. Citizenship and Immigration Service said that when nonimmigrant workers are fired, they may be unaware of their options and, in some cases, have no choice but to do so. said that it might be erroneously assumed that Leave the country within 60 days.
A grace period of up to 60 days usually begins on the day following termination of employment determined based on the last date salary or wages were paid.
When a nonimmigrant worker’s employment is voluntarily or involuntarily terminated, if eligible, they can usually take one of several actions to remain in the United States for the period of their permitted stay.
These include submitting an application for change of nonimmigrant status. Submission of application form for adjustment of status. Submit an application for a “compelling circumstances” employment permit. Or be the beneficiary of an unsubstantiated petition to change employers.
“If any of these actions occur within the 60-day grace period, the nonimmigrant’s permitted period of stay in the United States may exceed 60 days even if he/she loses his or her former nonimmigrant status,” the United States said. CIS said.
If the worker takes no action within the grace period, the worker and his or her dependents must leave the United States within 60 days or when the permitted validity period expires, whichever is shorter. There is a possibility.
“Many people have asked if they can look for a new job with B-1 or B-2 status. recognized as.” The U.S. Citizenship and Immigration Service said in a series of tweets:
At the same time, the U.S. CIS states that petitions and requests for change of status from B-1 or B-2 to Employment Authorization status must be approved before new employment can begin, and the new status must take effect. said. .
“Alternatively, if the request for change of status is denied, or if the petition for new employment requires notice of consular or customs clearance, the individual must leave the United States before commencing the new employment and be classified as permitted for employment. It must be recognized,” said the US CIS. Said.
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