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What if you lose your job?

What if you lose your job?

Old Oct 3rd 2002, 1:55 pm
  #1  
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Default What if you lose your job?

If you are in the US on a H1-B visa, what happenbs if you are made redundant?

Is there a certain amount of time that you are allowed to seek other work, or is you H1-B automatically withdrawn?
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Old Oct 3rd 2002, 3:59 pm
  #2  
Stuart Brook
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Default Re: What if you lose your job?

jbalfe wrote:
    > If you are in the US on a H1-B visa, what happenbs if you are made
    > redundant?
    > Is there a certain amount of time that you are allowed to seek other
    > work, or is you H1-B automatically withdrawn?
    > --
    > Posted via http://britishexpats.com

You are out of status the day you are no longer performing the duties
provided under the H1B petition.

As such you are required to leave the USA as expedtiously as possible or
otherwise regularize your status immediately. Expeditiously as possible
basically means within days and not within weeks or months. There was a
long standing idea that the law gave you 10 days. This is incorrect,
although the 10 day rule of thumb still apples ... people who depart
sooner than 10 days are rarely hassled, but if you stay longer the
chances of problems increase.

A common means to remain in the US is to file for a B2 change of status
for a period to wind up your affairs in the US or take a reasonable
vacation. This will essentially give you "weeks" but not months to
remain. If you ask for more than 2-3 months to remain, you are likely
to meet with resistance from the INS in particular because of the need
to maintain a residence abroad you have no intention of abandoning,
which is a B2 requirement. If you opt to file for a B2, you must do it
almost immediately. During this time, employment can find you.

Your H1B can be transferred to another employer, providing the transfer
request occurs within 60 days. This may mean that you are outside the
US.

Stiart
 
Old Oct 4th 2002, 7:04 pm
  #3  
Kamal R. Prasad
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Default Re: What if you lose your job?

your employer may/may not inform the INS about your termination.
if not -INS will not act on the matter.
if the employer does inform the INS-he/she is obligated to give you a
return ticket to your home country and about 2 weeks time/salary to
arrange for your departure.
in 9/10 cases, employers don't inform the INS [and there is no
problem unless you want to move in/out of the country]. INS has
approved H1-B petitions filed a couple of months after date of
termination. so the 10 day limit is something of a political statement
that has no real significance.
regards
-kamal


Stuart Brook wrote in message news:...
    > jbalfe wrote:
    > >
    > > If you are in the US on a H1-B visa, what happenbs if you are made
    > > redundant?
    > >
    > > Is there a certain amount of time that you are allowed to seek other
    > > work, or is you H1-B automatically withdrawn?
    > >
    > > --
    > > Posted via http://britishexpats.com
    > You are out of status the day you are no longer performing the duties
    > provided under the H1B petition.
    > As such you are required to leave the USA as expedtiously as possible or
    > otherwise regularize your status immediately. Expeditiously as possible
    > basically means within days and not within weeks or months. There was a
    > long standing idea that the law gave you 10 days. This is incorrect,
    > although the 10 day rule of thumb still apples ... people who depart
    > sooner than 10 days are rarely hassled, but if you stay longer the
    > chances of problems increase.
    > A common means to remain in the US is to file for a B2 change of status
    > for a period to wind up your affairs in the US or take a reasonable
    > vacation. This will essentially give you "weeks" but not months to
    > remain. If you ask for more than 2-3 months to remain, you are likely
    > to meet with resistance from the INS in particular because of the need
    > to maintain a residence abroad you have no intention of abandoning,
    > which is a B2 requirement. If you opt to file for a B2, you must do it
    > almost immediately. During this time, employment can find you.
    > Your H1B can be transferred to another employer, providing the transfer
    > request occurs within 60 days. This may mean that you are outside the
    > US.
    > Stiart
 
Old Oct 4th 2002, 8:26 pm
  #4  
Joachim Feise
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Posts: n/a
Default Re: What if you lose your job?

Kamal R. Prasad wrote:
    > if the employer does inform the INS-he/she is obligated to give you a
    > return ticket to your home country and about 2 weeks time/salary to
    > arrange for your departure.

Not quite correct. The employer is always required by law to give
you a return ticket if you are layed off before the end of the H1
validity period.
The employer is not required to give you any salary other than what
is agreed upon in the employment contract.

> INS has
> approved H1-B petitions filed a couple of months after date of
> termination. so the 10 day limit is something of a political statement
> that has no real significance.

It is irrelevant what they may have or have not done in the past.
There is *no* 10 day limit. A person on H1 is out of status the
moment the person is layed off.

Your lax attitude towards the law is not warranted.
 
Old Oct 4th 2002, 8:32 pm
  #5  
Stuart Brook
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Posts: n/a
Default Re: What if you lose your job?

"Kamal R. Prasad" wrote:
    > your employer may/may not inform the INS about your termination.
    > if not -INS will not act on the matter.
    > if the employer does inform the INS-he/she is obligated to give you a
    > return ticket to your home country and about 2 weeks time/salary to
    > arrange for your departure.
    > in 9/10 cases, employers don't inform the INS [and there is no
    > problem unless you want to move in/out of the country]. INS has
    > approved H1-B petitions filed a couple of months after date of
    > termination. so the 10 day limit is something of a political statement
    > that has no real significance.
    > regards
    > -kamal

Now you're going to give people advice based on this ? I hope you've
got lots of liability insurance.

Have you seen the INS Zero Tolerance Policy on overstays ? It's
happening. The INS is NO LONGER approving H1B changes to status a
couple months after the termination. It may approve the employment but
invalidates the visa and sends you home to get a new visa. It is
happening to many people.

The 10 day limit, as I said is not based in law. The INS position is
that you must leave as expeditiously as possible. 10 days is simply a
rule of thumb based on the hassles people have been given.
 
Old Oct 6th 2002, 2:34 am
  #6  
Kamal R. Prasad
Guest
 
Posts: n/a
Default Re: What if you lose your job?

Stuart Brook wrote in message news:...
    > Now you're going to give people advice based on this ? I hope you've
    > got lots of liability insurance.
whatever I said does not constitute legal advice-nor am I a lawyer to
provide one.

    > Have you seen the INS Zero Tolerance Policy on overstays ? It's
    > happening. The INS is NO LONGER approving H1B changes to status a
    > couple months after the termination. It may approve the employment but
    > invalidates the visa and sends you home to get a new visa. It is
    > happening to many people.
yeah-my information is a bit dated. so if they have tightened rules
recently -I am not aware of it.

    > The 10 day limit, as I said is not based in law. The INS position is
    > that you must leave as expeditiously as possible. 10 days is simply a
    > rule of thumb based on the hassles people have been given.

I can assure you 10 days is not sufficient to pack your belongings and
leave the country. an apartment lease lasts for 6-12 months and in a
recession, its difficult to hand over the lease to someone else.
selling a car takes something like a month. even if 1 had to leave his
car and all household goods in a storage, I doubt if one can manage
everything within 10 days. and mind you, not everyone who leaves is
sure he wants to come back anytime soon.
regards
-kamal
 
Old Oct 8th 2002, 12:07 am
  #7  
Joachim Feise
Guest
 
Posts: n/a
Default Re: What if you lose your job?

On Mon, 7 Oct 2002, Real Immigrant wrote:

    > "JAJ" wrote in message
    > news:[email protected]
    > fic.net.au
    ...
    > > I think Stuart's point is this. H1B, TN etc status in the US is
    > > *temporary*. The understanding is you are a guest and will be
    > > expected to leave the US. You shouldn't be setting yourself up so
    > > that it's going to be costly to leave. If you do you've gone against
    > > the spirit of your visa.
    > An H-1B status is "temporary" but allows for an *immigrant intent*. In fact
    > the majority of H-1B workers choose to pursue the permanent residence in the
    > US. I agree that H-1Bs decided to come in to the US knowing the facts
    > (although "zero tolerance policy" didn't exist before). I'm simply saying
    > that it is inhumane to disrespect and discriminate people. In the past the
    > law allowed to hire 14-years old kids to work for pennies in factories. And
    > no-one was forcing these kids to work there. Was something wrong with that?
    > If the H-1B is so temporary they shouldn't allow for H-1B to GC transition
    > at all. I bet that there wouldn't be enough qualified people to fill in high
    > tech jobs in the US. You want high skilled people to come here and build the
    > economy? Guess what? Show them some respect.

Venting here doesn't change that.
If you are really interested in changing this, go and talk to your
congressperson.
 

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