Lay off in the 8th year

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basera

Registered Users (C)
Hi Ginnu,
I am currently in my 7th year of H1. My company has applied for the 8th year extension based on pending labor filed in 2003. I might get laid off in the beginning of my 8th year term. If it so happens I am planning to go back to my home country. I have heard the employer has to give the return tickets for me & my family ? Is it true ? My HR has no idea about it ? I will appreciate your reply.
Thanks in advance
 
Yes thats true but only for you ..... not for your family

basera said:
Hi Ginnu,
I am currently in my 7th year of H1. My company has applied for the 8th year extension based on pending labor filed in 2003. I might get laid off in the beginning of my 8th year term. If it so happens I am planning to go back to my home country. I have heard the employer has to give the return tickets for me & my family ? Is it true ? My HR has no idea about it ? I will appreciate your reply.
Thanks in advance
Click to expand...
 
Why are you going back to your home country? You know I heard that if you contributed for Social Security for 10 yrs then you can draw benefits from it when you retire even if your go back to your home country.
 
Thanks Orangetreats for your reply. My lawyer also told me the same.

Marooti,
You have heard it right about the social security benefits after completing 10 years. I have no option but to go back as I will not get my 9th year extension as my company will immediately withdraw the current labor & I don't have another labor pending in my name.
 
basera said:
Thanks Orangetreats for your reply. My lawyer also told me the same.

Marooti,
You have heard it right about the social security benefits after completing 10 years. I have no option but to go back as I will not get my 9th year extension as my company will immediately withdraw the current labor & I don't have another labor pending in my name.
Click to expand...
If you want to go back, that is your choice.
If you think there is no other option, then I can tell you there are other options like you can file for a LC from another company now. Once you get your 8th yr ext, you can transfer it to your new employer. For 9th year ext, you can use the LC that new employer is going to file now as it will be >365 days old by then. If you are lucky enough, you may get your LC approved pretty quickly and if that happen to be EB2 then you can also file 140/485/EAD/AP and stay here.

So, options are there, this was just an example.
 
I have only 3 months left before my 7th year will come to an end. I don't think it is possible to file a new LC under perm in such a short notice without transfering your H1B to a new employer. I am ready to transfer my H1B to the new employer only after dec end in order to avail the severence pkg. But by then it will be too late to file for LC.
So ,if someone files my LC now without me joining him ( I will join after dec end) then only this will work out. The problem is to find a consulting company who is ready to do this. I have never worked for any consulting company. I am a bit new in this area.I am trying to explore this option.
 
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