Laid off without any notice, what are my options?

[niftynikki]

Hi,

 

I just got H1B extension, and it is valid till 2017.

 

I have been working  with Company A(Indian Consultancy/Staffing company), the Client I  work at, have a Break in service rule(for 3 months), without any notice my employer said that he will revoke my H1 status in 2 weeks on my last date of the project. Reporting manager at the client site wants me to come back after 90 days, they are holding my position for me. What are my options here?

 

I dont have visa stamping to go back to India, without client letter I was advised not to go that route?

 

I had a surgey done last month and my still recovering, can I go for a sick unpaid leave without leaving the company?

 

should going for dependent visa be an option?

 

My paycheck runs biweekly, my next paycheck would be in 2 weeks time.

 

How long will I be in Valid status?

 

My previous employer wants to H1 B transfer should I go that route? If so what time frame am I looking at?

 

I would really appreciate all your help!

 

Thanks!

[rahul412]

You need to change your status to B2 before your H1 is revoked. If not you will be out of status.

Find another employer to file your H1. Tell your client that if they don't file your H1 then I will not work for you.

[jairichi]

If you have not signed a non-compete agreement with current employer then ask client to file a cap exempt H1B petition for you. If that is not possible move to a dependent status or find a new employer.

[niftynikki]

Thanks for your reply!

 

I have a follow up question. my last day of the project at client site was on Aug 1st.

 

I got a certified mail from my employer saying that I was released from my services on Aug 1st ( I found out at this when I read that mail).. without prior notice can he do that.?

 

Does it mean I am out of status now..?

 

If I file for COS  to go to H4, should I still have paystubs till it gets approved? is it enought receipt notice?

 

If I  go n H4 status would it be a problem if I can come back after 3 months?

 

Please advice!

[rahul412]

Thanks for your reply!

 

I have a follow up question. my last day of the project at client site was on Aug 1st.

 

I got a certified mail from my employer saying that I was released from my services on Aug 1st ( I found out at this when I read that mail).. without prior notice can he do that.?

 

Does it mean I am out of status now..?

 

If I file for COS  to go to H4, should I still have paystubs till it gets approved? is it enought receipt notice?

 

If I  go n H4 status would it be a problem if I can come back after 3 months?

 

Please advice!

Yes from August 2nd you were out of status. File COS to H4 ASAP, you need paystubs till Aug 1st. Not during the COS processing time.

[jairichi]

Yes, your employer has full rights to do so. Also, you are out of status from August 1st. File COS immediately (i.e. today) with latest 3 months pay stubs. Once you get a receipt notice you will be fine. You can come back to H1B anytime when an employer is ready to file a cap exempt petition for you provided you have not completed 6 years of stay on H1B.

[niftynikki]

Can you guide what are the needed documents for COS process from h1 to h4

 

I talked to my employer he said he will not let USCIS know till the end of month but he will not run payroll for me does that still mean that I am out of status from Aug 1st.

 

Thanks!

[rahul412]

Can you guide what are the needed documents for COS process from h1 to h4

 

I talked to my employer he said he will not let USCIS know till the end of month but he will not run payroll for me does that still mean that I am out of status from Aug 1st.

 

Thanks!

It doesn't matter whether its informed to USCIS or not. All matters is your H1 job, no job on H1 means you are out of status.

[jairichi]

As we said your last day of work matters. So from Aug 2nd you are out of status as employer starts running payroll for you. Fill form I539 and send supporting documents like copies of your passport, H1B I797, I94, last 3 pay stubs, your spouse's passport, I797, I94, last 3 pay stubs and a cover letter with application fee.

[niftynikki]

Thanks a lot for your replies!

 

I am owed a 2 week paid vacation can I ask my employer to run the payroll for the days I am due...Do I have any legal leg to stand on? I have already applied for COS today .. please suggest. There is a 3 working days gap. I dont want to take any chances.

Thanks!

[rahul412]

Thanks a lot for your replies!

 

I am owed a 2 week paid vacation can I ask my employer to run the payroll for the days I am due...Do I have any legal leg to stand on? I have already applied for COS today .. please suggest. There is a 3 working days gap. I dont want to take any chances.

Thanks!

3 days is not a big deal.

[jairichi]

Thanks a lot for your replies!

 

I am owed a 2 week paid vacation can I ask my employer to run the payroll for the days I am due...Do I have any legal leg to stand on? I have already applied for COS today .. please suggest. There is a 3 working days gap. I dont want to take any chances.

Thanks!

3 days gap will not be an issue. Your employer might pay you that 2 weeks as part of severance package and not as pay stubs.

[niftynikki]

Thanks a lot for all your help!