H1B granted and offer revoked (+severance pay)
Apr 23rd 2001, 11:17 pm
#1
Guest
Posts: n/a
I have been granted a H1B visa but have not yet entered the US. My company has
decided not to employ anyone in my situation (at the last minute literally) and offer
a severance package to discourage us almost-employees. I have a contract which states
the job is valid pending visa, which i now have.
1) How legal is their action under california employment law ?
2) What will happen to my H1B and up to what point can I perform a H1 transfer ?
3) Will I have to pay US tax on the severance pay (I am not or have ever been
US resident)
4) Can I still apply for a SSN as I have the valid visa documentation ?
any answers to the above or views would be very much appreciated.
many thanks
welshy
decided not to employ anyone in my situation (at the last minute literally) and offer
a severance package to discourage us almost-employees. I have a contract which states
the job is valid pending visa, which i now have.
1) How legal is their action under california employment law ?
2) What will happen to my H1B and up to what point can I perform a H1 transfer ?
3) Will I have to pay US tax on the severance pay (I am not or have ever been
US resident)
4) Can I still apply for a SSN as I have the valid visa documentation ?
any answers to the above or views would be very much appreciated.
many thanks
welshy
Apr 24th 2001, 7:12 pm
#2
Guest
Posts: n/a
Hi,
>
I am not aware of state-specific laws, but I believe the employer is free to cancel
your employment and withdraw the H-1B any time. You will have to sue them to know if
you can get anything more out of them. Speak to a contract lawyer in the state of CA.
>
Since you never started working for the employer you are not in H-1 status and
cannot perform a transfer. If you get another job in the USA, that will have to be
a new H-1B.
>
>
No idea.
>
No. You are not in H-1 status because you are not working in the USA. To get SSN, you
need to be working.
HTH, Sea
>
I am not aware of state-specific laws, but I believe the employer is free to cancel
your employment and withdraw the H-1B any time. You will have to sue them to know if
you can get anything more out of them. Speak to a contract lawyer in the state of CA.
>
Since you never started working for the employer you are not in H-1 status and
cannot perform a transfer. If you get another job in the USA, that will have to be
a new H-1B.
>
>
No idea.
>
No. You are not in H-1 status because you are not working in the USA. To get SSN, you
need to be working.
HTH, Sea
