Is employer supposed to buy tickets ... ?

[gcseeker2002]

I have this question about gc labor certification pending and the h1b holder in 7th or 8th year extension and then after a while the gc labor certification getting rejected because of which the h1b holder becomes out of status. Will the employing company have to pay him and the family the return ticket to their homeland as they do when they layoff or fire a h1b holder ??

 

[EricS]

I have this question about gc labor certification pending and the h1b holder in 7th or 8th year extension and then after a while the gc labor certification getting rejected because of which the h1b holder becomes out of status. Will the employing company have to pay him and the family the return ticket to their homeland as they do when they layoff or fire a h1b holder ??

IMHO, 7th or 8th year extension does not end with rejection of LC. Once granted, this kind of extension is valid till the date it was approved for. If LC is rejected, you may not be able to extend H1 further. So in that case, once your 7th or 8th year extention finishes, you will have to leave the country and the employer will not be bound to buy the tickets, as the employer did not fire you, you completed your H1 term. If you leave on your own, before completing 7th or 8th year, still no tickets from the employer.

Once again, this is just my opinion.

 

[hathwar]

If you are in the extension period the employer is not required to provide you with the tickets to your homeland( and never for your dependents anyways ).

Also if the LC gets rejected you are in status till the extension period of the H1-B extension which you got earlier.You cannot get get further extensions based on the pending LC.