It is very tough times for the employees who are working in US on H1b Status. Due to slow economy in recent times has compelled many employers, especially those in the Software Industry, to lay off H-1B employees. Unfortunately, a lot of H-1B employees wind up in troubled waters once they are notified by their employers regarding the termination of their employment. H-1B visa holders must keep in mind that they should continue their h1b status in all times. H1b visa holder must maintain his/her status to work legally in United States.
Loss of employment and termination of the H-1B status can result in the candidate becoming illegal in the United States. Sometimes, a candidate may be out of status and may accrue unlawful presence. Unlawful presence occurs when an H-1B candidate continues to reside in the United States after the expiration of the I-94 document and has no other application for relief pending with the USCIS. Once a person accrues unlawful presence in the United States, he or she then may be subjected to the three year or ten year bar. For example, if an H-1B candidate has accrued unlawful presence for more than 6 months, he or she is subjected to the three year bar. However, if the candidate continues to accrue unlawful status for more than one year, he or she will be subjected to the 10 year bar.
WHAT SHOULD AN H-1B VISA HOLDER DO TO PROTECT HIS OR HER STATUS?
If you are an H-1B visa holder and if you anticipate that your status will be terminated, we request that you contact our law firm immediately. We have assisted many individuals who are in this situation by helping them transfer their visas or recommend other realistic options. For example, we recently succeeded in assisting an H-1B holder in transferring to an H4, and thereafter, we also assisted him in obtaining an H-1B again after he found another employer.
WHAT ARE THE EMPLOYERS OBLIGATIONS IF AN H-1B HOLDER IS TERMINATED?
Once an H-1B visa employee is terminated, it is the duty of the employer to settle all wage issues with the employee and provide the employee with a ticket to his or her home country. Additionally, the employer should also inform the United States Citizenship and Immigration Services regarding the termination of the services of the H-1B employee. H1b employee is required to get the same benefits received by a US worker, in terms of severance package, health insurance continuation at employee's expense etc. If you find another job and your employer has already provided air tickets to you and depends or yours to go back to your home country, you can’t cash that air tickets.
An attorney assists you to transfer your visas or recommends other realistic options.
• Change of Employer
• Change of Visa Status
If you or any of your friends are about to lose your jobs and are currently on H-1B visas, we highly recommend you to call Law Offices of N.M.Gehi at 718-263-5999 and schedule for a free initial personal consultation Obtain the right immigration advice at right time by US Immigration Attorney Mr.Gehi. Visit us at for more information immigrationquestion.com