laid off on h1b

[shruti.visa]

If I am laid off by my employer and he cancels my visa, is he supposed to pay for my return ticket.

I transferred my h1b to my present employer ( a big Indian consulting company) and they are telling me that as I am a US lateral hire, the company will not pay me for my tickets back to India.

Please let me know. Thanks

[JoeF]

If you are laid off, the employer by law has to pay for your transportation back to your home country. It does not matter if you already were in the US when the H1 employment started. See the last sentence I emphasized in the section I quoted below.

The law is clear: the employer has to pay for your return transportation. Period.

8 CFR 214.2(h)(4)(iii)(E):

(E) Liability for transportation costs. The employer will be liable for the reasonable costs of return transportation of the alien abroad if the alien is dismissed from employment by the employer before the end of the period of authorized admission pursuant to section 214©(5) of the Act. If the beneficiary voluntarily terminates his or her employment prior to the expiration of the validity of the petition, the alien has not been dismissed. If the beneficiary believes that the employer has not complied with this provision, the beneficiary shall advise the Service Center which adjudicated the petition in writing. The complaint will be retained in the file relating to the petition. Within the context of this paragraph, the term "abroad" refers to the alien's last place of foreign residence. This provision applies to any employer whose offer of employment became the basis for an alien obtaining or continuing H-1B status.

[catx]

Your employer is wrong. You are a foreign worker on a H-1B visa regardless of where you lived when you were hired and received your visa. They are required to pay for a return ticket to your home country, not to where you were living when you were hired -- by law.

[Attorney_23]

I suggest you read this article:

http://www.murthy.com/2012/11/01/bona-fide-termination-requirement-for-h1b-employee/

[shruti.visa]

Thank you all for your replies and guidance.

[wiweq]

"if you are in the US after a transfer of H1b...why would you want a return ticket? although by law they should pay for your return. "

=> It doesn't matter if employee opts to leave or stay in USA. It's H1b employer's responsibility to provide the relocation funds to the employee return back to his/ her home country. It's law.

I got laid off for two times, both times I got relocation money to my home country. No questions asked.

If they deny to offer these funds complain to ICE.