Holders of a business or tourist visa can stay in the US even after its expiration: how to do it
People who came to the United States on a business or tourist visa - B-1, B-2 - can apply for a new job and even go for interviews. But you need to make sure that applicants have changed their visa status before starting work in a new position. The publication told in more detail NDTV.
In a series of tweets, the United States Citizenship and Immigration Services (USCIS) said that when laid off, such employees may not be aware of their capabilities and in some cases mistakenly believe that they have no choice but to leave the country within 60 days.
The maximum 60-day grace period begins the day after the end of employment, which is usually determined based on the last day for which wages are paid.
On the subject: What to do if you are in the US on a work visa and suddenly lose your job
When employment ceases, either voluntarily or involuntarily, a person can usually take one of several actions to remain for the period of authorized stay in the United States.
These include: apply for a status change; apply for a document authorizing employment due to "force majeure"; become the beneficiary of a petition to change employer.
“If one of these actions occurs during the 60-day grace period, the nonimmigrant's authorized stay in the United States may exceed 60 days, even if he has lost his previous status,” USCIS said.
If the worker fails to take action within the grace period, then the worker and his dependents will have to leave the US within 60 days or when the permit expires (whichever is shorter).
“Many people ask if they can look for a new job while in B-1 or B-2 status. Answer: yes. Searching for and interviewing for a position are acceptable activities in B-1 or B-2 status,” USCIS said in a series of tweets.
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At the same time, USCIS said that before starting any new job, it is necessary to approve the petition and request to change the status from B-1 or B-2 to the status required for the new job, and the new status should take effect.
“If the adjustment of status request is denied or the petition for new employment requires consular or port of entry notification, the individual must leave the United States and reenter before starting the new employment,” USCIS explained.
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