BackToIndia
By countryCommunity
Join (FREE)Join Now (FREE)
BackToIndia

Built by NRIs who've made the move — for those about to.

A passion project by Mani Karthik — free for every NRI returning home.

Since 2017 - 31,000+ NRIs.

Product

  • R2I Planner
  • Insurance
  • Jobs for Returnees
  • Services
  • Checklist
  • WhatsApp Groups
  • Reviews
  • Recommendations
  • Meetings
  • Financial Consultation
  • City Questions

Community

  • About us
  • NRI community
  • Contact

Legal

  • Editorial policy
  • Privacy policy
  • Terms of use
  • Data requests

BackToIndia is informational and community-driven. It is not legal, tax, immigration, or financial advice. Please consult a qualified professional for your specific situation.

Your data stays yours. We never sell personal information. See our privacy policy for details.

© 2017–2026 BackToIndia. All rights reserved.

Made with care for the NRI return community.

  1. Home
  2. Return to India: Decision & Planning
  3. Laid off on H1B Visa? What to do next?
Return to India: Decision & Planning
??
  1. 1Deciding
  2. 2Getting ready
  3. 3Making the move
  4. 4Life after landing

You're in the deciding phase — figuring out if, when and how a move back works for your family.

Start your Return Plan

Laid off on H1B Visa? What to do next?

Mani Karthik·December 5, 2022·3 min read·Deciding

Reviewed by returnees. Cross-checked with RBI, Income Tax Department and MEA. Editorial policy.

As the world struggles to deal with economic issues, many people on H1B visas have been laid off in USA. Losing your job can be a traumatic experience and it can be especially hard if you are in a foreign country with limited support networks.

But there is hope – there are still ways to remain in the U. S. and to continue living and working. In this article, we will discuss the available options for those on an H1B visa who have recently been laid off.

H1B visa holders face a number of legal issues when laid off, as they are subject to U.S. immigration law. The most common legal issues that arise from layoffs include the following:

1. Loss of Legal Status:

When an H1B visa holder is laid off, their legal status in the United States is immediately terminated. This means that they will have to apply for a new visa before they can stay and work in the U.S.

2. Unexpected Departure:

When an H1B visa holder is laid off, they must leave the U.S. immediately. This means that they may not be able to complete any outstanding tasks or fulfill contractual obligations.

3. Unpaid Wages:

If an employer fails to pay an H1B visa holder their wages, the worker may have legal grounds to take legal action against their employer.

4. Refund of Fees:

If an employer requires the payment of any fees related to obtaining of the H1B visa, the worker may be entitled to a refund of these fees if the employer terminates their employment.

5. Unlawful Discrimination:

An employer cannot terminate an H1B visa holder due to their national origin or race. If an employer does this, the worker may have legal grounds to take legal action against their employer.

Read next in this topic

Can NRI apply for PAN card – Step by Step Guide

Yes, Non-Resident Indians (NRIs) can apply for a Permanent Account Number (PAN) card. NRIs are required to submit certain documents and information in order to complete the application process. The first step is to fill out an application form. This form can be downloaded from the website of the Income Tax Department. It is important […]

Read next

6. Immigration Fraud:

Employers cannot use the H1B visa program to obtain workers at lower wages than those provided to U.S. citizens. If an employer does this, the worker may have legal grounds to take legal action against their employer.

What to do if laid off on H1B visa?

If an H1B visa holder is laid off, the most important thing for them to do is to understand their rights and responsibilities.

The visa holder must understand that they are not subject to deportation if they are laid off, but that they should begin making plans to return home if they are unable to find another job within a reasonable amount of time.

The first step for an H1B visa holder who has been laid off is to contact their employer and confirm the terms of their separation.

If the employer confirms that the separation is permanent, then the visa holder should contact United States Citizenship and Immigration Services (USCIS) to let them know of the situation.

The visa holder will need to provide USCIS with information about the layoff and their current status.

Once the visa holder has contacted USCIS, they should begin the process of looking for new employment. It is important for the visa holder to remember that their visa is still valid and can be transferred to a new employer.

Free tool

On The Fence? Get Clarity

Not sure about returning? Get your readiness score.

Try it free

The visa holder should also be aware that their current visa may be revoked if they are unemployed for more than 60 days.

The visa holder should also look into other options such as changing their visa status or applying for a green card. Depending on the situation, it may be possible to change one’s visa status from H1B to another type of visa, such as an O-1 or TN visa.

Alternatively, an H1B visa holder may be eligible to apply for a green card based on their employment history in the United States.

Finally, the visa holder should take steps to ensure that their travel documents remain valid.

This includes renewing any expired passports and making sure that any visas have not expired.

By taking these steps, the visa holder can ensure that they will be able to travel freely while they search for new employment.

Free tool

NRI Status Checker

Find out your current NRI status and what it means for taxes.

Try it free

Keep reading
Can NRI invest in RBI bondsNRIs may be interested in investing their money in RBI bonds, which are government bonds issued by the Reserve Bank of India (RBI). Fortunately, NRIs are allowed to invest in RBI bonds, subject to certain conditions. Here’s how to. In order to invest in RBI bonds, NRIs must first obtain a “PAN” number. This is […]Which LIC policy is best for NRIsNRIs (Non-Resident Indians) are Indian citizens who are living abroad. They are allowed to invest in India and enjoy certain tax benefits, but they must comply with the regulations set by the Reserve Bank of India (RBI). The RBI has specific regulations that govern the investments and financial activities of NRIs. One of the major […]

Written by

Mani Karthik

Mani Karthik

Founder, BackToIndia · Returnee since 2016

Mani Karthik is an entrepreneur who moved back to India in 2016 after nearly a decade living and working in the US and the Middle East. He started BackToIndia to help other NRIs navigate the move — banking, taxes, schooling, careers and the everyday reality of resettling in India.

About BackToIndiaEditorial policyContactJoin the community

Rules for NRI banking, tax and residency change often. We update guides when policy or our lived experience changes. Nothing here is legal, tax or investment advice — always confirm with a qualified professional in India.

Free for NRIs

Get the Return to India Checklist, Planner & Tools

The exact playbook returnees use to move back without missing a step — built from real journeys, updated for 2026.

  • 12-month Return-to-India checklist
  • RNOR & tax residency planner
  • Banking, schooling & shipping trackers
Get it free

No spam. Unsubscribe any time.

Where to next

Continue Return to India: Decision & PlanningCan NRI apply for PAN card – Step by Step GuideTrack it in the appStart your Return PlanSave your notes, timeline and decisions in one place.Ask other returneesJoin the Deciding communityReal Q&A with people at your stage of the move.
NRI Quota in Indian Colleges & IIT: Everything to KnowCan NRI apply for PAN card – Step by Step Guide