Does Employer have to pay ticket travel back


h1btransferwait

Recommended Posts

Posted

If a person on H1 is laid off, the employer has to pay for the travel back ti the person's last residence abroad. It doesn't matter if this was the first H1, or a transfer.

Posted

Please check the below link:

 

http://www.murthy.com/2012/08/27/h1b-workers-and-layoffs/

 

Question 9. I was recently laid off and was told that my employer is obligated to continue paying me until the USCIS revokes the petition. Is this true?

According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a "bona fide" termination of the employment relationship. There are various cases interpreting the precise expectations in different ways. Employers would be well advised to put terminations clearly in writing, and take all necessary internal steps within their organizations. They must also request revocation of the H1B petition in a timely manner, and comply with the return airfare obligation. As it can take several months for the USCIS to act on a request to revoke, employers generally do not continue wages awaiting this action. An employer usually notifies the employee of the termination date, and continues payment only for the length of any standard company notice or severance pay policy.

Archived

This topic is now archived and is closed to further replies.