TimNiceBut

I'm pretty sure that another company can take over the H1B but I the rest (like paying to ship back your belongings etc) is entirely a matter of negotiation with the employer.

winterbird

I'm no expert, but one can always check:

http://www.immihelp.com/visas/h1b/h1...bloss-faq.html

AmerLisa

I'm sorry to read about all your problems at the moment. Hopefully things will start to look positive real soon.

Giantaxe

Ouch, that's a horrible position to be in. I would start trying to negotiate for a severance package to cover the cost of relocating back to the UK - you've got nothing to lose by doing this at this point. And concurrently trying to find another employer willing to sponsor an H1, although in this economic climate I doubt that's going to be easy. As for the lease, you're legally responsible for the rent until the place is re-let. And the landlord is required to make a good faith effort to find another tenant.

E3only

The company I work for went through an attorney(for my visa when I moved from Australia). The attorneys were in charge of drafting up the job offer (signed off by the HR department of course). I didn't negotiate but it has a line saying something to the effect of 'if they let me go, then they need to pay reasonable cost to send me back home'. I didn't ask for that but I think / I guess the attorney must have played a part. May be they were using a standard format for the job offer or may be some code of conduct dictates they haev to include such a statement. i don't know.

Anyway, my sincere well wishes.....

scrubbedexpat099

Firstly my sympathies, I just do not know what else to say.

They came over on a L Visa, so no transfer option.

Is he being made redundant by just the US operation, can he go back to his UK job?

BadgerNaboo

Thank you very much for your thoughts seems crazy nine months is spent dealing with visas and moving us over here and now this. I guess this proves there really is no job security.

We sold our house in the UK (and gave away most of our things, have just brought all US appliances)

Also just enrolled on a US course that was paid in full

Still to unpack some boxes here.

Not sure where OH stands over redundancy I know in the UK you have to be employed two years but he had been with the company just over a year there but he started a new contract here.

Hopefully they will be fair.

BadgerNaboo

It will either be a drastically reduced work force for the whole company or it will no longer exist at all so the option is unlikely.

Bob

Depends on what you had in your lease.

Can be anything from tough shit, you've got to pay a years rent to the more reasonable, you have to stay till you find a replacement, or pay costs of finding a replacement and the rent in the mean time.

Bob

Company if on a H1 is only responsible for the flight home for the principle visa holder, nothing more unless it's in the contract....but it would have been a rubbish contract not having such a redundancy clause in the first place.

Giantaxe

CA law is pretty clear on this situation. See the section on "No Legal Reason" in this link:

http://www.caltenantlaw.com/breaklease.htm

Jscl

Is it just the US office that's in financial trouble? I think you should contact the UK office you came from, explain what has happened (if they don't know) and see if they can do anything for you. Pull on the heartstrings of anyone who was involved in your relocation, just in case they can do something for you now. Remember right now you're still an employee of their company, and they might be able to transfer you to a job back there. They clearly owe you, not that that means anything legally.

And really look at your contract, just in case something in there can be used to your advantage.

E3only

Isn’t it true that you could find a sub-tenant (sub lease) yourself, add them to the lease and in a week, request your name be taken out?

Giantaxe

You can sub-lease in CA if your lease allows you to. You cannot take your name off the lease if you do so because it is just that... a sub-lease. You would still be responsible to pay rent to the landlord if your tenant defaulted.

BadgerNaboo

No I'm afraid it's from the UK office effects staff across the globe