What happens to H-1B aliens legal status when he/she gets laid off?
An H-1B alien’s legal status is directly linked to his current job, in the event the alien gets laid off then he/she has to leave U.S immediately. There is a gray area about how long an individual can legally stay in U.S after getting laid off, do consult with an immigration attorney to know your individual options. The H-1B alien can avoid leaving the country by immediately finding another employer that is willing to sponsor for H-1B and the new employer file for a H-1B transfer with the USCIS. An employer however has the legal obligation to pay for the return transportation for the laid-off H-1B alien.
