H1B, Layoff and Severence package

[bozoh]

Hi All,

I am posting this for a friend.

He recently got laid off. One friday he walked into his office to learn that he has will be without a job from the following Monday. His company will be giving him a severence package for another 2 months. However, his company told him to leave the country within a month since they will cancel his H1.
My questions :
1. Can the company pay him severence after canceling the H1? Legally, don't you need a H1 Visa to pay a temp worker?
2. Does he have to leave in a month or does he have another 2 months before he leaves the country?

The company's lawyers don't know the rules themselves and so I thought I will ask some of the gurus in this forum.

Thanks for an early reply.

 

[jaxen]

1. yes they can, mentioning severance pay
2. If he does not get a paystub, then he has to leave. Even the paystubs say severance pay, he can use them to do a h1 transfer. But BCIS might tend to treat this as not a regular pay and cancel the H1 visa upon employer's request. it is a risk.