Got laid off on H1B

[evisa]

Hi everyone,

 

My company said March 11 will be last working day(to be in office) and i'll get my salary till march 25th.

 

I confirmed with HR and HR said march 25th will be the date i'll be the employee of company.I'll be out of status after that.

 

I've two offers in Hand and lawyer told me starting March 14th it'll take 2-3 weeks to file LCA and get receipt. They'll be filing the h1b transfer before 25th of March.

 

My layoff was all of a sudden and i have't told either of my companies yet.

 

1. Should i tell my new employers/lawyers about the layoff?

2. As i'll be out of status for 5-10 days, will it cause an issue approving my case?

3. How likely I've to go for consular processing?

4. Will i be in status again once i get my transfer receipt ?

 

Regards

Ankit

[adshah84]

1. You don't have to 

2. No I don't think so

3. Not at all

4. Yes

[vgowri]

You won't be out of status if your new H1 is filed before March 25th since that is your last working day with your current employer.

[JoeF]

You won't be out of status if your new H1 is filed before March 25th since that is your last working day with your current employer.

 

That's not correct. His last working day was March 11, so he is out of status now.

[evisa]

That's not correct. His last working day was March 11, so he is out of status now.

My HR confirmed i'm employee till 25th of March, but no work for me

[evisa]

1. You don't have to 

2. No I don't think so

3. Not at all

4. Yes

Thanks for the reply

[evisa]

it seems there is a confusion, here last working day coz they don't need me in project anymore and as per the policy the company has to give 2 weeks notice before laying off any employee.

 

I'm still employee till 25th march and have all the access to the company website/emails etc.It's just i'm not going to work place.

 

I'll get salary till 25th of march(it's not severance pay) and it is my official last day as employee.

[JoeF]

In general, a person is out of status from the last working day, even if there still is outstanding salary or severance pay.

[vgowri]

In general, a person is out of status from the last working day, even if there still is outstanding salary or severance pay.

 

Based on what eVisa stated, the official last working day is March 25 - like 2 week notice from March 11 but don't have to come to office during the notice period. I have heard of 'such' arrangements..

[JoeF]

Based on what eVisa stated, the official last working day is March 25 - like 2 week notice from March 11 but don't have to come to office during the notice period. I have heard of 'such' arrangements..

 

No, the last working day is March 11. "Not having to come to the office" means the OP is no longer working.

Such "arrangements" may not be unusual, but for H1 purposes, the last day of working was March 11, and the OP has been out of status from that last working day on.

The OP is no longer performing the work the H1 was for, so the OP is out of status.