Laid off from fulltime job


Sudhasekhar

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Hi MLF,

My brother got laid off (not fired) yesterday from his fulltime job, here in bayarea CA. He is on H1B. He was told that his last working day is 2 weeks from yesterday. Current H1 has 3 year extension.

Q. Can a fulltime job give just 2 week notice ? Should it not be atleast a month ?

Q. If they revoke his H1 ? If so what are his options given the short time frame ?

Q. They started the G.C. process, his PERM is approved, priority date is Oct, 2018. Will this process stall ?, how can he save this from stopping ?

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Employment in the US is at will. Both sides can terminate the employment relationship at any time without any delay. A 2 week notice is just a courtesy.

The employer is required by law to inform USCIS if the person on H1 no longer works there. So the H1 will be revoked.

He has a 60 day grace period.

Since the job no longer exists the PERM is over.

 

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