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Green Card

by Debbie McGoldrick

Debbie is the editor of our sister publication, The Irish Voice, and is an expert on immigration issues.

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Green Card for July 2012

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Friday, July 20, 2012 at 09:02 AM

H1b problems - what happens if I lose my job?

“I have an H-1B visa. I’ve had it for seven months, but I’m afraid that I’m going to be laid off because my company has hit hard times and will likely start cutting back. I’ve been looking for other jobs in my field but I haven’t had any luck. What are my options as far as unemployment benefits go? Can I collect them? Can I use the H-1B that I have to get another job? I know that the visa is owned by my current employer, but is it a big deal if I use it for another position? Is there anything else I can do?”

As an H-1B visa holder – H-1Bs are for skilled foreign employees working for U.S. employers, with the visa good for up to six years – you really aren’t entitled to unemployment insurance, and in fact you will be considered out of status the day after (if) your employment is terminated. Those without legal immigration status are not eligible to apply for unemployment.

The H-1B, as you say, was obtained for you from your current employer. The visa is employer-specific – in other words, you can only use it to work for the employer that acted as sponsor.

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Friday, July 06, 2012 at 08:21 AM

Irish naturalization - becoming a US citizen