Friend needs help

helge

Registered Users (C)
A friend of mine is in danger of getting laid-off/fired. The company had laid off several employees in November which he escaped but now it looks as if he might loose his job on March 31. His supervisor fabricated a case against him of him doing a bad job and gave him a notice a few days ago that March 31 might be his last day if he doesn't "improve" (he already works weekends and 60-80 hour weeks - typical consulting firm).

Two questions:
1) He is still in valid H1B status and the company had paid for his move to the US from overseas (expensive). Now, if he gets fired (or laid-off) would the company be required to pay for his move back to his home country? Afterall, they moved him here. I thought that I had read somewhere that the company sponsoring an H1B is required to pay for the 'deportation' if they no longer want/can't employ the foreign worker. Has anyone heard this too?

2) His RD is 01/30/02 (he just had his one year anniversary) - what are the chances that he will get his approval before March 31, 2003? (I know this is a silly question as nobody really knows, but your guestimates are welcome - he is in dire straits and would like to know your opinions).

P.S. He is applying for his EAD just now and is desperately looking for a new job.
 
There is a good probability that he gets approved by march 31st. since he/she is on AOS, he can wait for EAD to come and find another job. Technically he/she does not need to worry. To find another job in this market is tough but not impossible.

i know it is tough time for everyone. best of luck!
 
I would definitely hang around for atleast

3-6 months after being laid-off. Honestly there is little chance that
we will be approved before 03/31 (My RD: 01/10/2002) since this
darn DHS thing is a huge unknown. But I would hang around even if I had no job. He should start looking for jobs immediately.

If he decides to stick around then the return ticket is meaningless.
If he decides to go back soon after 03/31 then his company is
required to pay his return ticket but if you are thinking that they will give him CASH then you are wrong. They will just buy him a
ticket :) and "May" cancel his H1 if not the I140. So your friend would benifit more if he maintains good relations with his employer instead of aggravating them. Remember in a worst case
scenario that he doesnt get a job and gets a RFE, he will need
a lot of help from his current employer....

So best solution ... Find a job.
Worst case .... RFE and No job ..
Best case .. No RFE and Approved before 03/31 (God how I wish this comes true)

Good luck
 
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