Lost job few days before H1B six year lapse and awaiting labor approval

Spooked Chicken

By Spooked Chicken,
in H1B : General

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Spooked Chicken Newbie

Spooked Chicken

Posted
Posted

Hi,

 

My 6 year H1 B Visa expired on Nov-12th, an application to reclaim out of country validity was filed on Nov-04th this would extend my visa validity until Feb 2015.

Labor application was filed towards end of July 2014, approval expected anytime soon.

On Nov-06th I lost my job.

My house is on sale, earliest optimistic closing date is March-2015

 

Question:

I did not resign but my employer is certain I resigned, and is not responding to any email correspondence and phone calls. I do not have a copy of reclaim out of country validity application/receipt. Can I legally request a copy of this?

 

Are employers obligated to cancel Labor applications and Reclaim out of country validity applications?

 

If my labor is approved in December, can I legally stay in country until house is sold?

 

Since no salary/income am I out of visa status?

 

Can I legally stay in country until March 2015?

 

 

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JoeF Advanced Member

JoeF

Posted
Posted

You are out of status now!

If you did not resign, file a complaint with DOL on form WH4. The employer would have to pay for your flight back to your home country.

And file a COS to another status, e.g., B2 immediately. It may already be too late because you waited for 2 weeks.

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jairichi Advanced Member

jairichi

Posted
Posted

I will start working on filing a COS to another status. Do you now if there is any maximum duration within which COS to another status needs to be filed  

Ideally a COS has to be filed before you go out of status or at least within a few days of going out of status. And, you cannot start working by filing a COS to another status as it will be considered illegal in your situation.

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ashuneel Advanced Member

ashuneel

Posted
Posted

I will start working on filing a COS to another status. Do you now if there is any maximum duration within which COS to another status needs to be filed  

There is no duration for that. Ideally you should file COS a few days before last day of job so that you are never out of status. Employers have to layoff ppl sometimes but good employer will atleast give you few days notice instead of throwing you out on friday evening.

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JoeF Advanced Member

JoeF

Posted
Posted

I will start working on filing a COS to another status. Do you now if there is any maximum duration within which COS to another status needs to be filed  

Ideally immediately upon losing the previous status.

USCIS may excuse a few days out of status, but there is no guarantee.

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Spooked Chicken Newbie

Spooked Chicken

Posted
  • Author
Posted

Thank you friends for the prompt advise and responses.

 

I was working for a Big 4 MNC, since I was never rated a under performer I was assuming to be safe. When reality struck I was caught wide open/blind sided couple of days before my six year H1B lapse. Mine is a worst case scenario with no feasible alternatives identified so far. While we wait for the new immigration law to be implemented, I would advise a friend to stay with a desi consulting/contracting firm until GC hassles are thru. I was to tempted to get a Big 4 on my resume.

 

I really do not know why my employer says I resigned when I did not. I am more surprised to learn it is ok for me to join the same employer at offshore (India).

 

Based on your responses, I could not find a way to get 2 more months legal time (until March 2015). I am not equipped for a 2 month life in the shadows :(. Counting days to go back home!!!!

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jairichi Advanced Member

jairichi

Posted
Posted

Thank you friends for the prompt advise and responses.

 

I was working for a Big 4 MNC, since I was never rated a under performer I was assuming to be safe. When reality struck I was caught wide open/blind sided couple of days before my six year H1B lapse. Mine is a worst case scenario with no feasible alternatives identified so far. While we wait for the new immigration law to be implemented, I would advise a friend to stay with a desi consulting/contracting firm until GC hassles are thru. I was to tempted to get a Big 4 on my resume.

 

I really do not know why my employer says I resigned when I did not. I am more surprised to learn it is ok for me to join the same employer at offshore (India).

 

Based on your responses, I could not find a way to get 2 more months legal time (until March 2015). I am not equipped for a 2 month life in the shadows :(. Counting days to go back home!!!!

It is a nice way to say resigned rather than saying laid off. I think employer is suggesting that.

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JoeF Advanced Member

JoeF

Posted
Posted

Thank you friends for the prompt advise and responses.

 

I was working for a Big 4 MNC, since I was never rated a under performer I was assuming to be safe. When reality struck I was caught wide open/blind sided couple of days before my six year H1B lapse. Mine is a worst case scenario with no feasible alternatives identified so far. While we wait for the new immigration law to be implemented, I would advise a friend to stay with a desi consulting/contracting firm until GC hassles are thru. I was to tempted to get a Big 4 on my resume.

 

I really do not know why my employer says I resigned when I did not. I am more surprised to learn it is ok for me to join the same employer at offshore (India).

 

Based on your responses, I could not find a way to get 2 more months legal time (until March 2015). I am not equipped for a 2 month life in the shadows :(. Counting days to go back home!!!!

 

It is a very emotionally draining thing to be fired, in particular if there were no prior rumors or business slowdown.

As for the employer saying that you resigned, did you sign some paperwork that stated that? If so, you may want to have things checked out by a labor lawyer. Signing some paperwork under distress could result in the paperwork thrown out if there were a lawsuit.

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JoeF Advanced Member

JoeF

Posted
Posted

It is a nice way to say resigned rather than saying laid off. I think employer is suggesting that.

 

Not really.

It has distinct consequences if a person resigns vs. being laid off.

For somebody on H1, if laid off, the employer has to pay for the flight back to the home country.

For people with unrestricted work authorization (Americans, GC, EAD), somebody who resigns is usually not eligible for unemployment benefits.

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