At-will employment question

[nchhabria]

Hello,

In case of At-Will termination on H1B, by Company for any reason:

1. Should there be any notice period given to employee to look for options to transfer H1B ? or

2. If no notice period then any salary amount given to employee that will compensate for early termination ? And how much grace period is allowed by USCIS to transfer H1B ?

[livliv]

Hello,

In case of At-Will termination on H1B, by Company for any reason:

1. Should there be any notice period given to employee to look for options to transfer H1B ?

There is no such requirement from immigration law point of view. It all depends on employer policy and contract between employer and employee if any.

or

2. If no notice period then any salary amount given to employee that will compensate for early termination ? And how much grace period is allowed by USCIS to transfer H1B ?

Again, no compensation needed from immigration POV. It all depends on employer policy and contract between employer and employee if any.

USCIS generally looks at last day of work or sometimes last paystub date, if that falls after the receipt date for new employer's petition, employee is considered to be in status.

[JoeF]

There doesn't have to be any notice period. The customary 2-week notice is just a courtesy, nothing more.

The employer is required by law to pay for the flight back to the home country for a laid-off person on H1.