How does INS know when one is laid off?

[srikanthsiva]

Lets say one was laid off in January and gets a job only 5 months later and does a h-1 transfer, how does INS know that the person was out of status for that 5 months?

 

[Jim Mills]

Normally, one of 2 ways

Well, first the employer is supposed to notify INS to cancel the H-1 visa due to the person\'s termination. About a year and a half ago DOL said that an employer "may" have a continuing obligation to pay the employee until the visa is cancelled. DOL has backed off onj that position to a large extent but the threat still gives employers a signicant incentive to cancel the visa (or at very least make it clear that the person has been terminated). The second, and most common, way that INS find out, is they ask for paystubs for H-1 "transfers".

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702