priths Posted May 31, 2013 Report Posted May 31, 2013 Hello,Am on my H1b (9th year), I-140 approved and I-485 pending since 2007, Today got email from company saying I have been laid off with immediate effect. I am in India for vacations. can I get back to states say for a week (h1b valid till sept) on same visa to take care of personal belongings ? appreciate your response.
omshiv Posted May 31, 2013 Report Posted May 31, 2013 Sorry to hear that..I dont think you should try coming back on H1B as it must have been revoked by now and will raise a flag at POE..but maybe you might want to look for a new employer who would be willing to sponsor your H1b...do you have EAD/AP?
t75 Posted May 31, 2013 Report Posted May 31, 2013 NO. You may not enter the US on H-1B without a job. You should apply for a B2 visa and enter on that or wait until you find a new employer. You may give a friend or relative a "power of attorney" to permit him/her to act on your behalf until you can reenter legally.
pontevecchio Posted May 31, 2013 Report Posted May 31, 2013 What email? Maybe your junk filter caught it and ate it. The risk though small is yours. Penalty for wanting Internet access even on vacation.
t75 Posted May 31, 2013 Report Posted May 31, 2013 Ponte, I am disappointed in you suggesting that OP lie and try and enter when he knows he has been terminated.
GcLLC Posted June 1, 2013 Report Posted June 1, 2013 Hello,Am on my H1b (9th year), I-140 approved and I-485 pending since 2007, Today got email from company saying I have been laid off with immediate effect. I am in India for vacations. can I get back to states say for a week (h1b valid till sept) on same visa to take care of personal belongings ? appreciate your response. Is that even legal? At least where I live, you cannot fire a person on vacation. You have to wait for them to come back and then issue the termination notice in person.
pontevecchio Posted June 2, 2013 Report Posted June 2, 2013 Well, Life is not always fair and I was giving him options . It is his decision. To be specific the contract spells out what notice is due etc. and he should look at it carefully to judge whether getting fired by email is legal. Of course the OP is between a rock and a hard place as he will not get a B1 visa.
omshiv Posted June 3, 2013 Report Posted June 3, 2013 Is that even legal? At least where I live, you cannot fire a person on vacation. You have to wait for them to come back and then issue the termination notice in person. thats a good observation...my question is....did your employer mailed you in your personel email id or your official one?
wiweq Posted June 3, 2013 Report Posted June 3, 2013 "..and he should look at it carefully to judge whether getting fired by email is legal" => Email is perfectly legal for job offer or job revocation. It has the same weightage as paper document in USA. OP could you missed the email and appear at POE, but because now s/he is aware of this job-loss, s/he should not us this H1b to enter in USA.
omshiv Posted June 4, 2013 Report Posted June 4, 2013 I find it funny that the company sent an email to OP's official email id terminating him from the job..what is OP dindt check his mail...would the company wait till he reads his email and then close his netword id?
JoeF Posted June 5, 2013 Report Posted June 5, 2013 Is that even legal? At least where I live, you cannot fire a person on vacation. You have to wait for them to come back and then issue the termination notice in person. Well, that happens all the time. Just yesterday, a gaming company laid off over 500 people, and some of them learned about them being laid off on Facebook... From one article: "At least one OMGPOP vice president said she was alerted to the firing via Facebook late Monday. "I learned via Facebook I was laid off today and @OMGPOP office is closed," Ali Nicolas tweeted. "Thanks @zynga for again reminding me how not to operate a business."
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