Fired while on medical leave(not FMLA)- H1 Transfer


newtogc

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Hi

Need an very urgent information on this. I am currently on medical leave of absence(not FMLA).Suddenly saw an email from my manager 2 days back asking me to return my company laptop/badge etc. I'm still getting Short term disability payment.Is my H1 valid until my leave is over or does it become invalid immediately on being terminated?

 

Please help!

Thanks

 

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Thanks for the comments. From what I got to know from the Attorney (that works for my employer) they have already got an intimation to withdraw the I-797 petition but they don't have a timeframe by which this would happen. 

Is there a general time frame by which these withdrawal happens? Mine is a very big employer (30k+)

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Thanks for the comments. From what I got to know from the Attorney (that works for my employer) they have already got an intimation to withdraw the I-797 petition but they don't have a timeframe by which this would happen. 

Is there a general time frame by which these withdrawal happens? Mine is a very big employer (30k+)

This is irrelevant.

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You need to discuss this with a labor attorney whether this termination is legal or not.

Hi Jai

Since this was not FMLA approved (it was just company approved) I don't think it was job protected.But I'm going to still contact a murthy attorney. How early should a new employer file the LCA - is it before my ex-employer sends the H1 withdrawal request or do I have time until USCIS actually revokes my H1 ? Also whne should the trans

Thanks

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Hi Jai

Since this was not FMLA approved (it was just company approved) I don't think it was job protected.But I'm going to still contact a murthy attorney. How early should a new employer file the LCA - is it before my ex-employer sends the H1 withdrawal request or do I have time until USCIS actually revokes my H1 ? Also whne should the trans

Thanks

 

 

Also , My previous H1 stamp on my Passport expired. But the latest I-94 is valid until December 2016.

From the last day of work you are no more on H1B. You are out of status. Employer sending documents to USCIS for revocation of H1B petition or USCIS taking a decision is irrelevant in your case.

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  • 3 weeks later...
  • 1 month later...

@newtogc, I am in a similar situation like yours, I have been on leave of absence, but not terminated so still in status. Meanwhile I've got another employer to transfer my H1B VISA.. I am very curious to learn how your case went? Were there any legal/immigration complications ? thx  

Leave of absence with pay or with out pay? That might make a difference.

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Leave of absence with pay or with out pay? That might make a difference.

It so happens that the latest pay slips sent along with the H1B transfer application do show full salary as 'regular earnings' but it also mentions total Short Term Disability payments that were received at the start of the year..    thanks

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It so happens that the latest pay slips sent along with the H1B transfer application do show full salary as 'regular earnings' but it also mentions total Short Term Disability payments that were received at the start of the year..    thanks

I was in a much worse scenario than you and my transfer went through just fine. I don't see a reason why there would be a problem.

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