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  1. #1
    Join Date
    Mar 2006
    Posts
    1

    Default Terminated H-1B Worker - What Are My Options

    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....

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Laid off H1-B Worker

    An H1B employer is supposed to notify the USCIS immediately of any material changes in the terms and conditions of an H1B employee's employment status, which would include a layoff or termination.

    If you were laid off before the end of your authorized period of stay under the H1B visa, your employer is probably obligated to pay for your return transportation to your home country.

    There is no "grace period" - the H1B status ends on the last full day of employment. Remaining on the payroll without reporting to work is not "employment" under USCIS rules. Unofficially if you are out of status for less than 30 days, conventional wisdom is that the USCIS is unlikely to hold it against you - but they can potentially hold any overstay against you.

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