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arju20

Laid off with paid leave of absence. H1B Status?

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I am a Full Time Software engineer for a product based company (Employer#2). I was laid off last Friday (July 27) due to cost cutting measures with the same day being my last day at work. Me being on H1B, HR put me on PAID LEAVE OF ABSENCE till 21st September with complete pay and benefits till that date. They also confirmed that they will notify the USCIS about the termination after 21st September.

My I-94 is valid till Oct 2020 and my visa is stamped till the same. I have my I-140 approved from my previous employer (Employer#1), which is still active.

In this instance, does my 60 day grace period from 22nd September or from last Saturday (July 28)?

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I believe your 60days grace period starts from Sep 22nd, that is after your official last day with the company.

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as the employer is not following the rules to the dot in this case a clear answer can not be given..

so just so you know, if they don’t revoke ur H1, you can file a claim in Sept 2020 that this employer owes you back wages from September 2018 onwards per the current regulations..

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10 hours ago, cap-gap said:

as the employer is not following the rules to the dot in this case a clear answer can not be given..

so just so you know, if they don’t revoke ur H1, you can file a claim in Sept 2020 that this employer owes you back wages from September 2018 onwards per the current regulations..

"They also confirmed that they will notify the USCIS about the termination after 21st September."

He is helping and you want him to take advantage?

So strange

 

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15 hours ago, arju20 said:

I am a Full Time Software engineer for a product based company (Employer#2). I was laid off last Friday (July 27) due to cost cutting measures with the same day being my last day at work. Me being on H1B, HR put me on PAID LEAVE OF ABSENCE till 21st September with complete pay and benefits till that date. They also confirmed that they will notify the USCIS about the termination after 21st September.

My I-94 is valid till Oct 2020 and my visa is stamped till the same. I have my I-140 approved from my previous employer (Employer#1), which is still active.

In this instance, does my 60 day grace period from 22nd September or from last Saturday (July 28)?

The employer should notify USCIS you're no longer an employee, and H1b revoked, as of July 28. That was your last day of work in your own words. 

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15 hours ago, arju20 said:

I am a Full Time Software engineer for a product based company (Employer#2). I was laid off last Friday (July 27) due to cost cutting measures with the same day being my last day at work. Me being on H1B, HR put me on PAID LEAVE OF ABSENCE till 21st September with complete pay and benefits till that date. They also confirmed that they will notify the USCIS about the termination after 21st September.

My I-94 is valid till Oct 2020 and my visa is stamped till the same. I have my I-140 approved from my previous employer (Employer#1), which is still active.

In this instance, does my 60 day grace period from 22nd September or from last Saturday (July 28)?

 

AFAIK, the grace period starts from your last day of work, i.e., July 28.

 

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4 hours ago, poojB said:

"They also confirmed that they will notify the USCIS about the termination after 21st September."

He is helping and you want him to take advantage?

So strange

 

No the employer is breaking the law by not following rules ..he should learn the lesson hard way..

employers like these who didn’t  follow the proper protocols for last 15 years are the root cause of the H1b crackdown now..

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53 minutes ago, cap-gap said:

No the employer is breaking the law by not following rules ..he should learn the lesson hard way..

employers like these who didn’t  follow the proper protocols for last 15 years are the root cause of the H1b crackdown now..

Agreed.

But not just employers.. individuals are equally responsible for H1b fraud/shady practices by attempting to hold on to the US, switching between multiple firms than return to their country of origin, usually India. Employers + individuals are equally responsible.. takes two to tango! 

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2 hours ago, Provence said:

Agreed.

But not just employers.. individuals are equally responsible for H1b fraud/shady practices by attempting to hold on to the US, switching between multiple firms than return to their country of origin, usually India. Employers + individuals are equally responsible.. takes two to tango! 

When family is involved, its not always practical to just leave country and file new petition from outside US. Thats why law was /will be made to resubmit documentation and wait for decision. Not always, USCIS gives 100% accurate decisions. They are also humans.

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24 minutes ago, Lokesh123 said:

When family is involved, its not always practical to just leave country and file new petition from outside US. Thats why law was /will be made to resubmit documentation and wait for decision. Not always, USCIS gives 100% accurate decisions. They are also humans.

Valid point.. however, non-immigrants in the US must maintain a permanent residence overseas as a Plan B. Majority of H1 denial applicants stick around in the US not due to family, but due to a preference not to exit the US. It bears repeating that a H1b visa is technically of a limited duration. (Of course it's not rocket science that once folks are in the US, no one wants to leave). 

But I digress.. this thread is about OP's ex-employer reverting to tricks. And a comment above about the employer breaking the law. 

Edited by Provence

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