h1btransferwait Posted July 16, 2015 Report Posted July 16, 2015 If Someone is on H1, and was recruited in US from another employer. Does it require employer to pay travel expenses to travel back to home country after lay off. Thanks.
jairichi Posted July 17, 2015 Report Posted July 17, 2015 Only the employer who had laid you off has to sponsor your travel back to home country.
JoeF Posted July 17, 2015 Report Posted July 17, 2015 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.
victor_26 Posted July 17, 2015 Report Posted July 17, 2015 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.
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