H-1B picked but high chances of lay off/firing from full time


RrrPp

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Hi, 

I appreciate very much your efforts on this website and helping out people like me.  I work full time for a retailer and my H1-B petition got picked in  lottery May 2017. I have no plans of travel unless to get the visa stamped. My employer laid off some teams last month and there are rumors of laying off/or fire my team in a month or two. God forbid, in a worst case scenario if they fire/lay off me may I know the consequences on my immigration status and the H1-B visa. I am international student with 20 more months of OPT left. 

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Usually companies won't fire new hires unless there is some strong reason like unethical behavior (i.e harassment). And secondly congratulation on your H1B lottery and your company know your value and sponsored H1B :-). Coming to your negative thought or Plan B in case if they laid off, you can get H1B copy from Legal dept of your company then look for another employer who can sponsor you a Cap exempt H1B. That means you no need to go thru the lottery system again.

 

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If you get laid off before the H1 kicks in, i.e., before Oct. 1, the H1 becomes invalid, you would not be considered counted in the quota, and a transfer would not be possible. In that case, you would NOT be cap-exempt.

This rule exists since 2014. See

 

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