Employment termination letter while on H1B

[tapans]

Hello,

One of my friends working on H1B for a reputed Consulting company completed his project with a client on Dec 1st.

He received a letter today that her employment is terminated starting from December 2nd. The letter was dated 6th of December.

He is obviously shocked and he is not able to reach the employer. Can he convert to H4B right now or is he out of status?

He is not able to reach his employer now as today being Friday.

Any suggestions greatly appreciated.

[JoeF]

He is out of status, but a COS to H4 will most likely still be possible.

Oh, and if he wishes to leave the country, the employer has to pay for his flight to his home country, per the law.

[acadia14]

Hello,

Tapan, thanks for posting this. I have the exact same issue.

Few additional things,

I was issued a termination notice from my employment agency much to the shock of the manager that I was corresponding with since my last project was completed. There was no update or prior notification and to top it all, I received the letter today and it is marked 6th. But the letter states the "employment has ended as of 2nd"! This is a huge problem, because now I have learnt there is no grace period. after termination.

My question is, since my husband (primary applicant) and I have received 1-485 receipt, will this in any way help my current predicament of being out of status?

[acadia14]

Hi,

I have the exact same problem.

Will the fact that I have a I-485 receipt (my husband being the primary applicant) have any significance in my no-notification-termination and my consequent lack of status?

[Attorney_24]

Generally, when the employment is terminated, an H-1B worker is no longer in valid H-1B status unless a change of employer petition or an application to change status was filed before the termination. Your friend needs to schedule a consult with an immigration attorney as he is out of status in order to discuss specific facts and available options.

[acadia14]

Hello,

I have the exact same issue. Not sure how the dates match. But is that employer within legal limits to do such a thing? Another question is, I have my I-485 receipt (husband being the primary applicant). Will this in anyway affect the out-of-status position?