Terminated H-1B Worker - What are my Options??

D

dviraj

New Member
hi there...
have certain questions with regards to my H1-B status, now that my employment is being terminated by my company in the next 5 days...

few queries...
1] Is there a grace period for laid-off H-1B Workers??
Any grace period for an extension of status??

2] once my employment terminates, am I considered to be out of status completely from that date??...

3] After I've been laid-off, what happens if my employer notifies the USCIS and revokes my H-1B petition??

4] What are the consequences of falling out of status?
5] What if the company keeps me on their payroll without pay, am i eligible to stay... if so, how long??..

Generally, I would like to know as to what all options are available to me as a consequence of falling out of status...
Any reply/help would be appreciated....


Thank You....
 
dviraj said:
hi there...
have certain questions with regards to my H1-B status, now that my employment is being terminated by my company in the next 5 days...

few queries...
1] Is there a grace period for laid-off H-1B Workers??
Any grace period for an extension of status??

No, officially there is none. Unofficially, some gap is tolerated

2] once my employment terminates, am I considered to be out of status completely from that date??...
Yes

3] After I've been laid-off, what happens if my employer notifies the USCIS and revokes my H-1B petition??

Nothing happens, you are out of status from the day you are laid off. It it revokes H1, USCIS offically knows you are out of status. Also, the company cannot hire you back without a new H1. It is possible for the company to take you back on H1 if they dont revoke it and the H1 is still valid

4] What are the consequences of falling out of status?

Theoritically, they can arrest and deport.
If you are out of status for more that 180 days, you will be barred for 3 years. If less than 180 days, during GC processing, you can pay 1000$ fine and be ok.

5] What if the company keeps me on their payroll without pay, am i eligible to stay... if so, how long??..

A H1 employee enjoys all benifits of Federal Labor Law. You can even go on strike. This is a difficult question to answer.
Generally, I would like to know as to what all options are available to me as a consequence of falling out of status...
Any reply/help would be appreciated....


Thank You....
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