Dear Sophie: How can I protect my H-1B and green card if I am laid off?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

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Dear Sophie,

I am considering leaving my current, steady job for a job with a big name in tech. I’m excited, but nervous.

I’ve been hearing that you can lose your H-1B status if you are laid off. Is there any way I can protect my immigration status while making a bold job move?

— Leap of Faith

Dear Leap,

With tweets like this floating around, it’s a really important time to consider a “Plan B” if you’re an immigrant working in the U.S. on a H-1B! The good news is that you can bridge your status with a concurrent H-1B to protect yourself in case of a layoff.

Before you take the leap and move to the new company, it’s important to inventory your personal immigration system around such factors as:

• What is my current status in the U.S. and when does it expire?
• Which valid visas do I have in my passport, and when do they expire?
• What are my needs for international travel: can I stay put in the U.S for now while consulates are still backlogged?
• Where am I in the green card process: do I need a PERM and has it been filed? Has the I-140 been filed? Do I have a priority date, and what is it? What dates am I looking at for an I-485?

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

A lot of these are legal questions that require important documents that you should collect as evidence of your status, rights and benefits. You might also need to consult an immigration attorney independent of your company to understand your rights and options.

If you do move to a new company, consider obtaining a “concurrent H-1B” at the second company. I often talk about concurrent H-1Bs in the context of obtaining an H-1B if you were not selected in the annual lottery, but this concept has other applications as well.

One option is to get an offer for a second, part-time job to work at another company. If you want to do this, consider consulting an employment attorney to make sure you’re not violating any promises you made by accepting your offer or signing a confidentiality agreement with your first H-1B employer. Some companies have rules and committees that decide if current employees are allowed to found startups on the side.

Dear Sophie: How can I protect my H-1B and green card if I am laid off? by Ram Iyer originally published on TechCrunch