Pay question:Layoff on H1B


kalkir

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Hi,

 

My current employer has decided to downsize and i have been laid off. The last day is supposed to be two months away and HR has notified us that after our last day they would notufy USCIS about the revocation.

 

I have been exploring other oppurtunities before this happened and i had got a job offer from another company. They already have my transfer in progress and filing was done in Regular processing mode. They have the receipt number and want me to start with them in January and don't want any delays.

 

I had been offered a severance package as part of the layoff. In order to be eligible for severance pay and other monetary pay, my current employer expects me to stay until the last day. This money is quite substantial and i don't want to miss out on this after the years that i have put in.

 

There is a gap of about a month between my joining the new company and the deadline set by my new employer to get the severance benefits.

 

is it OK if i take leave(exhausting all my vacation days) during this gap and start working for the new employer? Will this be a violation of the H1B? Any suggestions?

 

 

 

 

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"Per my research you can not work with two companies at the same time in H1B Visa. "

 

This is wrong, as long as work in authorized he can work for H1b employers, as many as he can.

 

To OP;

Make sure, severance package comes with a agreement that (sometimes) you need to return the money if you get another job in X days. 

Second, tell the new employer clearly about this severance. Ask them to match it or you will be happy to join when this employment ends on the date x-x.

Third, don't forget to get the money to relocate back to India. This is apart from severance. As you know, on H1b, if your H1b I94 is not expired, they HAVE to pay you money to return/ relocate back to India. Its up to you use this money to return to your home country or not. In my case of layoff, this money (relocating back to my home-country) was more than my severance package. Most of the companies don't know about this. Talk about this with your HR. Its your money, don't lose it.

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