Question on H1B out of status

[priya malar]

Hi,

I am working in H1B now, my employer is laying off the employers very fast. There might be a situation i will be fired soon in a month. If i am fired by my employer, how many days i can take to to search another employer and apply H1B transfer with new employer?

Another point is, my employer does not revoke any H1B's in the past with USCIS when they fire.

Please advice me on this.

 

[JoeF]

If the employer doesn't inform USCIS about the people on H1 they laid off, they are required to continue paying them, because then the employer-employee relationship didn't properly end.

There have been lawsuits about that, in one case a person getting 3 years of back pay.

Employers with any clue will inform USCIS. It is also required by law. Are you telling us that your employer breaks the laws of this country???

 

[pontevecchio]

I think you have 60 days based on new rules which you should look up.

[ajaysharma]

Doesn't matter what your employer does or does not. You have 60 days after your last day to find a new job and transfer.

[Attorney_15]

Under the current law, someone in H1B status remains in H1B status for 60 days from the termination of employment. Within that 60 days, the law considers the person in H1B status, so it is recommended to inform USCIS when the 60 day period started so that the absence of pay stubs is understand as not being a problem.