H1-B how long is stay period in case job is terminated.
Apr 9th 2001, 12:43 pm
#1
Guest
Posts: n/a
Assuming that the employer request a cancelation of the visa immediately after the
last pay check, how soon an H1-B holder needs to leave the country in order to avoid
ilegal status ?
Any serious response will be appreciated.
Regards,
M.
last pay check, how soon an H1-B holder needs to leave the country in order to avoid
ilegal status ?
Any serious response will be appreciated.
Regards,
M.
Apr 9th 2001, 3:14 pm
#2
Guest
Posts: n/a
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I am not a lawyer.
AFAIK, it's not an issue of the employer requesting that the visa be cancelled. Your
H1-B is good for one employer only, so as soon as you leave his employment, your visa
is automatically invalid.
"10 days" is the received wisdom, not that there is much clarity or agreement on this
one. If you have any accrued vacation time, you might want to ask your employer if
you can use that before you leave. (They don't care, they have to give you the cash
for those days anyway).
If you go over 10 days, the penalties appear to be fairly minor. Any future visas
have to be applied for from your home country (big whoop unless you're from a country
that you'd *really* rather not spend any more time in). After 90 (or is it 180?)
days, you will be banned from re-entering the US for three years. After another
period of deliquency, this is extended to ten years.
In short, assuming you don't mind applying for future visas from your home country, I
wouldn't worry too much if it took you 15 or even 20 days to organise your affairs
and leave.
HTH
>
>
I am not a lawyer.
AFAIK, it's not an issue of the employer requesting that the visa be cancelled. Your
H1-B is good for one employer only, so as soon as you leave his employment, your visa
is automatically invalid.
"10 days" is the received wisdom, not that there is much clarity or agreement on this
one. If you have any accrued vacation time, you might want to ask your employer if
you can use that before you leave. (They don't care, they have to give you the cash
for those days anyway).
If you go over 10 days, the penalties appear to be fairly minor. Any future visas
have to be applied for from your home country (big whoop unless you're from a country
that you'd *really* rather not spend any more time in). After 90 (or is it 180?)
days, you will be banned from re-entering the US for three years. After another
period of deliquency, this is extended to ten years.
In short, assuming you don't mind applying for future visas from your home country, I
wouldn't worry too much if it took you 15 or even 20 days to organise your affairs
and leave.
HTH
Apr 9th 2001, 3:22 pm
#3
Guest
Posts: n/a
"10 days" is the received wisdom, not that there is much clarity or
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Aren't H-1B employers also supposed to post a bond for home relocation when
employment expires? How can the laid-off H1 pursue that? Would a legal action stop
the clock on required departure?
--
Gary L. Dare [email protected]
Ripco, Chicago's Oldest Online Information Service
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Aren't H-1B employers also supposed to post a bond for home relocation when
employment expires? How can the laid-off H1 pursue that? Would a legal action stop
the clock on required departure?
--
Gary L. Dare [email protected]
Ripco, Chicago's Oldest Online Information Service
Apr 9th 2001, 3:30 pm
#4
Guest
Posts: n/a
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I've heard this, but I've no idea how they handle this. Perhaps they simply just give
you the cost of one-way airfare in your final paycheque? It'd be an interesting
argument that you couldn't return home because the company you worked for went
bankrupt and didn't pay for your flight, but I doubt anyone would have much sympathy
for it unless you couldn't cover the costs yourself.
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I've heard this, but I've no idea how they handle this. Perhaps they simply just give
you the cost of one-way airfare in your final paycheque? It'd be an interesting
argument that you couldn't return home because the company you worked for went
bankrupt and didn't pay for your flight, but I doubt anyone would have much sympathy
for it unless you couldn't cover the costs yourself.
