h1b layoff......urgent

[teresa martin]

My H1b employee has been laid off but is wanting to be able to stay in the US until something else comes up. If we keep him on payroll will he be legal here or out of status? He is hoping to be able to go to a university in the spring w/o having to return back to his home country. What can be done to keep him in status?

 

[RamFan]

your options

Well, if you are willing to keep him on your payroll until he gets something else he should fine. But you have to pay him regular salary. You just cannot keep him on the payroll and not pay him actual salary.

When he decides to change his status to student (F-1) or decides to get another H-1 from a different employer - INS will require him to produce recent pay-stubs to prove his valid status. This is just a normal practice.

Good Luck,

RamFan