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H1b Status if i get fired


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#1 RevanthKumar

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Posted 28 August 2011 - 07:54 AM

Hello,

I am in a trouble situation, sometimes i feel like I may get fired. I am in H1b visa. What are the difficulties i face if i get fired. In that case can i join a consultancy or do i need to leave the country.

Thanks in advance.

#2 Joe.F

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Posted 29 August 2011 - 02:59 AM

As soon as you get laid off, you are out of status. Unless you have another job lined up, you should file a COS to some other status, e.g., B1, the stay legal.
Also, if you wish to return to your home country, the employer by law has to pay for your flight to your home country (not for dependents, though.)

#3 SameerH1Bworker

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Posted 29 August 2011 - 03:29 AM

You can always join other company. Better to start finding new company & transfer H1B then working everyday in tension of fire.

#4 rekha0621

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Posted 29 August 2011 - 04:39 AM

I heard you may have 3 months time to get other job and continue your H1B , then you don;t have to leave the country. check with attorney for the time span ...

#5 Joe.F

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Posted 29 August 2011 - 08:18 AM

Originally posted by rekha0621:
I heard you may have 3 months time to get other job and continue your H1B

You heard WRONG!
There is NO grace period.

#6 rekha0621

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Posted 30 August 2011 - 01:56 PM

JoeF
Member posted August 29, 2011 01:18 PM

Originally posted by rekha0621:
I heard you may have 3 months time to get other job and continue your H1B

You heard WRONG!
There is NO grace period.

then advise what the time line to find out a new job!

#7 niko

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Posted 31 August 2011 - 02:09 PM

There is NO "timeline", absolutely NONE. You are out of status from the very next day if you do not have another job or have not applied for a COS to B1 or some other visa like F1.

There is NO such thing as a "timeline" to find another job!! You will be out of status and this means immigration problems in the future. A lot of people think that they have a 10 day grace period to leave but there is NO such thing either. You are out of status from the very next day that you are laid off. NO grace period.

#8 RevanthKumar

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Posted 07 September 2011 - 11:40 AM

Thank you all for your very valuable response.

I have another question
I am trying to find another job, but if i don't get another job. Does joining a consultancy with no job help me maintain my status.

Thanks in advance.

#9 Joe.F

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Posted 07 September 2011 - 11:47 AM

Originally posted by rekha0621:
JoeF
Member posted August 29, 2011 01:18 PM

Originally posted by rekha0621:
I heard you may have 3 months time to get other job and continue your H1B

You heard WRONG!
There is NO grace period.

then advise what the time line to find out a new job!

First, if you wish to go back to your home country, the employer by law has to pay for your flight (not for dependents, though.)
Second, if you want to stay and search for another job, file a change to another status, e.g., B2, immediately after layoff. That keeps you legal to do your job search.
And of course, if you feel that your job is in danger, it would be prudent to start a job search well before getting laid off. That's just plain old common sense.

#10 Joe.F

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Posted 07 September 2011 - 01:40 PM

Originally posted by RevanthKumar:
Thank you all for your very valuable response.

I have another question
I am trying to find another job, but if i don't get another job. Does joining a consultancy with no job help me maintain my status.

On H1, you need to get paid all the time, even without a project. If you don't get paid, you would be out of status.
And this salary has to be real, not some shady deal where you give the money back or something like that. The times of such fraud is over.
And the times of "joining some consultancy to maintain status" are over as well.
Again, do not even think about doing anything shady. It will come back to bite you, and it will kill your career in the US.


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