Blurb

Hi all,

I have just received the news that the site I work at will be completely closed down next year. I have been told I will receive a letter on January 31st with my end date or an offer to relocate to another site. By NJ law the end date has to be at least 60 days after the letter.

My situation is complicated by the fact that my current L1 visa expires on the 2nd of March. Before the announcement my company was arranging a COS to a H1 visa but this has not yet gone through. My company has 2 options which would be to give me my letter early (60 days before visa expiry) or to sanction the extension if there is still a possibility I will be relocated.

If I they do decide to change my visa to a h1 I was curious about the possibility of a H1 transfer should I find another company to take me on. Is this feasible? If I do get extended and am then given an end date can I still transfer and what would be the time limit on when I could do so? Would a transfer only be possible during my 60 days notice period or would it even be possible beyond my termination date?

I plan to talk to my company about this obviously but I was hoping to go into the meeting with some awareness of my options so any advice would be greatly appreciated. I should say that my wife is here on a j1 visa which expires in march 2013. We are hoping to consider all possible alternatives to extend our stay here.

Thanks

discoviking

Not necessarily. The end date could be the same day as the letter, but they would have to give you 60 days of pay. I also believe the 60 day notice or pay requirement for companies terminating over a certain percentage of employees you are referring to is a federal law passed during the Reagan administration, and not a state law. Guess how I know this.

S Folinsky

A legal consultation is very much in order. It will probably cost a few dollars inasmuch as some legal research might be in order.

Note: if an attorney did your L-1, they represent your employer. There is some dispute in regards their obligation to you, but the fact remains that they represent your employer.

Blurb

Actually you are correct about the NJ issue. The 60 day minimum is company-specific.

Thanks for the recommendation. My company is going to arrange an immigration lawyer to assist me.