I got fired by my company

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etty555

New Member
Hello everyone,

I have a very big problem. My company which sponsored me for my H1B fired me last week because they could not pay me any more (couldn't justify my salary).
They said they didn't want me to have any problems with immigration and will "cover me" until i find another job to have a transfer.
My question is do i need to continue being paid with ADP payroll or can i be paid by the company with a check from the company account every two weeks that covers exactly the same amount i was receiving from them and get a 1099 for my tax return next year?
How can immigration know if someone gets fired?
How much time i legally have ahead to find another job to tranfer my H1B?

thank you in advance for any help.
 
Find a new job and transfer ASAP.
you dont know how long it will take before you actually get a new one, so don't wait. you dont want to be out of status even for a day.

if you are getting a W 2 payroll continue on that. its safer.
hope this helps.
 
etty555 said:
Hello everyone,

I have a very big problem. My company which sponsored me for my H1B fired me last week because they could not pay me any more (couldn't justify my salary).
They said they didn't want me to have any problems with immigration and will "cover me" until i find another job to have a transfer.
My question is do i need to continue being paid with ADP payroll or can i be paid by the company with a check from the company account every two weeks that covers exactly the same amount i was receiving from them and get a 1099 for my tax return next year?
How can immigration know if someone gets fired?
How much time i legally have ahead to find another job to tranfer my H1B?

thank you in advance for any help.
Click to expand...

If you got laid off, you'll typically have at least 60 days before you need to find a new H1B sponsor.

This happened to me a few years back and I got a new job in less than two months and my H1b transfer went off smoothly and no questions were ever asked.

AFAIK, there is no formal law about how long is ok to be between jobs but 60 days seems to be ok with USCIS.

USCIS will know that someone got fired if the employer cancels the H1B formally and notifies USCIS.

So it follows that as long as your employer does not report that fact to USCIS, you're safe.

However when you do an H1B transfer, you'll need two recent paystubs and if they're more than two months old you might have trouble with USCIS.

In my personal opinion, in today's market two months is plenty of time to find a new job if you're good with your skillset and have decent experience (3+ yrs).

Why would you get a check from the company's account? A paystub is just that: proof that you're getting paid. You need to have paystubs to be able to file an H1B transfer.

Good luck!
nj_skm
 
Found a new job!

Hello everyone,

Thank you so much for your help.
I finally found a new job and the company and their lawyer will take care of my H1B transfer.
I am very happy and releived that everything finally worked out just fine.
They will file premium processing so i am sure it won't take a lot of time to get the approval from USCIS. I will wait till I get it to start working though.I think I will have to go back to my country of citizenship to stamp my passport again soon.

Again thank you for your support!
 
1099 Question,

Gurus please share you knowledge. I have h1b visa and working for a company as full time employee. Now I am planning to work as consultant on 1099(corp-to-corp). Is it going to affect my H1B Status. Or please tell me the any other way by which I can work for any other company and can keep my H1B with my current employer.

Thanks
Loser
 
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