H-1B and layofffs

Thanks for a very informative site. My wife and I are on H-1B, but I was laid off. Do I need to leave the country and enter again to get an H-4 stamped or can I file for change of status with the INS?

We would advise you to protect your H-1B status. Please try to find any job as soon as possible. At this stage do not bother about salary etc. There is no harm if you shift to H-4, but your original H-1B will be cancelled.

Please reach an agreement with your company that your H-1B visa is not cancelled. You can ask your company to sanction a one year no pay, no benefit leave. You can use this time to get a job and get your visa transferred. If not one year, ask him/her to grant you a six-month leave

If your company has already applied to INS for cancellation of visa, please file for change of status within 30 - 60 days from the date of your termination notice.

My company gave me a pink slip on 7 May, 2001. On 21 May, 2001 it will notify the INS about cancellation of the work contract. What does this mean?

Pedro Garces

This means you are no longer employed by your company as of 7 May, 2001. The company must give you two months notice and an air-ticket to your native country before it informs the INS. If the company fails to do so, you can take it to court. Has the company paid you the salary stated in the work contract while you were on bench? If it has failed to do so, warn the comany that you will inform the INS and that you intend to file a case against them.

Even if the company goes ahead and informs the INS, you can stay back for 30 days to get a job. Do not extend your stay beyond 60 days. Please find a job as soon as possible and ensure that the H-IB transfer process is set into motion.

Do I have to leave the country before 31 May 2001?

Pedro Garces

You can stay in the US till the last week of June

How are employees entitled to two months pay, if the company trims staff? Is it law? The company did not pay me.

Pedro Garces

In the US, it is legally incumbent on the company to pay at least two months salary when the worker is laid-off.

Can I stay in the US, until I get another sponsor company?

Pedro Garces

You can stay till the last week of June. Focus your energies on getting another job, even if it means lower salary.

Is there any site where I can get this information?

Pedro Garces

If you need any help, please feel free to write to AssureConsulting.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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