H1-B laid off

[sk8er]

What happens when you are laid off an H1-B. These are all seperate questions

1. Do you have to leave the country right away ?

2. Do you get a 10 calendar day grace period ? Is this an unwritten rule by the govt and not the law ?

3. Does your company contact the government right away get you fired ? If not, then can you stay in the country until they do ?

4. How long do you have to get your H1-B transfered ? Right away or 60 days from when you get laid off ? Is the 60 day deadline legal or an unwritten rule by the government.

Thank You.

 

[raevsky]

http://immigration.knowitallmall.com/library/weekly/aa070501b.htm

 

[sk8er]

How old is this link ? Is there something for 2008 ?

 

[raevsky]

I think almost everything from the link is still in force. So, in that sense it is pretty much up-to-date.

 

[Concerned4us]

You should be provided return transportation to your home country as a result of the layoff.

 

[immi4674]

I got laid-off on Nov-05-2008 from a top consulting company "X" and have salary slip till Nov-05-2008. Just to save my status immediately, i applied for H1 transfer thru a small Consulting company "A" on Nov-14-2008(9 days out of status) .I dont have any salary slip and planned to start a Project on Dec 1 2009 thru Company "A".

I got another offer from Big Consulting company "B" and planning to Transfer H1(Premium Processing) on Nov-22-2008, basis on the Company "X" Salary slip(Ending period Nov-05-2008).

What are the Risk involved in Transferring H1 to Company "B" ? What do you recommend, Should I stay with Company "A" and start the project(risky) on Dec-1 or can i Move to Company "B" for secure and better opportunities?

If INS doesnt attach I94(Due to out of status for few(9-10) days) then i may have to go out of USA and Stamped Visa, Visa stamping may be a problem incase of small company.

What is the best,legal and safe available option for me?

 

[strugglingonh1]

i think in your case you can safely transfer to company B but check with an experienced attorney first..good luck..

 

[Power856Ranger]

immi4674,

Today is March 02. My last day with my current employer is April 15. Nobody is hiring that requires a H1-B sponsorship. What do I do? You said "Just to save my status immediately, i applied for H1 transfer thru a small Consulting company". Is this possible? My top priority is to save status. With the current market situation, will anybody sponsor? Is there a difference between sponsoring an H1-B and transferring an H1-B?

Power856Ranger

 

[Concerned4us]

No legitimate company would file a petition if they do not have a position requiring your skills since the law requires that you be paid during even bench time.

The best way to "save status" is to return to you home country since you do not have a real offer and file a new petition not under the cap once the economy improves. You can then use your full time to your greatest advantage.

 

[e3visa]

In this difficult time there are options like having your employer delay announcement of your termination or shifting to a B1/B2 visa to buy you more time in your search.