Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
TVS999

Is it safe to stay if lost job (Hi b)

Recommended Posts

How long we can stay US , suppose if the if NO job. 

Heard some thing like, If any employer layoff an employee(FTE), employer should pay 2/3 months salary, some one said its a labor in US. not sure is it true or not, if any any body has idea on this, Please help to how to proceed to check with employer to get this done. 

Please suggest Thanks in Advance.

 

 

Share this post


Link to post

Employer will pay Severance pay  on lay off, but not sure its mandatory or not, please confirm so that can with employer.

Share this post


Link to post

Severance pay is never mandatory, it is employer-specific. There certainly is no law about 2/3 months salary or whatever.

If you get laid off while on H1, the employer has to pay for the reasonable cost of transportation to your home country. That's the only obligation the employer has.

 

Share this post


Link to post

You can stay in the US for up to I-94 expiry date or 60 days after last day at work whichever is earlier. A transfer or change of status application can be filed within this period. However, according to recent memo if you stay beyond your I-94 expiry based on a pending application (H1B transfer or change of status) and if the application gets denied, you will be in serious trouble. So it is best to leave the US within this period or file H1B transfer in premium processing.

Employer can choose to pay 2 or 3 months severance pay, but it is not mandatory. Also, the grace period starts from last day at work and severance pay makes no difference to that. If you choose to return to home country, the employer is required by law to pay for your ticket (not dependents').

Share this post


Link to post
12 hours ago, JoeF said:

Severance pay is never mandatory, it is employer-specific. There certainly is no law about 2/3 months salary or whatever.

If you get laid off while on H1, the employer has to pay for the reasonable cost of transportation to your home country. That's the only obligation the employer has.

 

Thanks a lot

Share this post


Link to post
1 hour ago, mehopeful said:

You can stay in the US for up to I-94 expiry date or 60 days after last day at work whichever is earlier. A transfer or change of status application can be filed within this period. However, according to recent memo if you stay beyond your I-94 expiry based on a pending application (H1B transfer or change of status) and if the application gets denied, you will be in serious trouble. So it is best to leave the US within this period or file H1B transfer in premium processing.

Employer can choose to pay 2 or 3 months severance pay, but it is not mandatory. Also, the grace period starts from last day at work and severance pay makes no difference to that. If you choose to return to home country, the employer is required by law to pay for your ticket (not dependents').

Thanks

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
×