LAID OFF, PLS. HELP VERY URGENT!!!

J

Jhunki

Registered Users (C)
Hello,
I seek your advice on this issue. My brother got laid off last week and is now trying to find a job. His company\'s lawyer, however, told him that he can keep my brother\'s H-1 alive for only 30days and then would have to inform INS about his lay-off. Is this not the responsibility of the company to inform the INS? The company does not want to get into any trouble with INS but also wants to help my brother. My brother is going to plead with them again this afternoon and can you tell me how he can approach them and convince them to get an extension? He has already begged them to keep his H-1 alive till he finds a job and then he will give them go ahead to cancel. Pls. help me.... Thank you so very much!

R. Khanna.
 
Last edited by a moderator:
How do you keep H1B alive?

Once when you get laid off, you immediately go out of status.
Whether or not u H1B has been cancelled, as long as you don\'t have a current pay check- you are out of status. In the recent times, companies are paying special attentions to these and cancelling H1B ASAP. What you can do? Instead of begging with your company. FIND A NEW JOB ASAP. It is very unlikely that INS is going to come after you immediately after you get laid off, unless you rear end a DOJ vehicle. I know of cases where H1B has been successfully ported after 60/90 days of being laid off. The attorney of your new employer sends a letter to the director of the processing center requesting his/her dicretion to reinstate the person back in status. Usually these are approved- or otherwise you have to go back to home country for counseller processing. Hopes this helps.
 
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