Employer Obligations when L visa expires

[sheetalbudhraja]

Hi, I work for a reputed multinational company and was transferred to US for under L1-B visa 4 yrs back with a plan of applying for permanent residency down the line. Due to budget issues, the PERM process wasn't started until I moved under US payroll earlier in 2014. I didn't make it in the 2015 H1 lottery and my L1 is all set to expire next year (no more extn possible). Here's my question:-
1. This is an int'l transfer, so is my company obligated to x-fr me back to India payroll?
2. Am I entitled to relocation expenses?
3. Since I lose my visa status. I can no longer work. So how will the termination process work - would I be fired or should I resign from my job?

[raghvi]

Hi, I work for a reputed multinational company and was transferred to US for under L1-B visa 4 yrs back with a plan of applying for permanent residency down the line. Due to budget issues, the PERM process wasn't started until I moved under US payroll earlier in 2014. I didn't make it in the 2015 H1 lottery and my L1 is all set to expire next year (no more extn possible). Here's my question:-
1. This is an int'l transfer, so is my company obligated to x-fr me back to India payroll?
2. Am I entitled to relocation expenses?
3. Since I lose my visa status. I can no longer work. So how will the termination process work - would I be fired or should I resign from my job?

1. Ethically and morally yes, but I dont think its a legal requirement to ensure you are transferred back to home country's payroll.
2. I dont think so, unless specifically stated in the company policy.
3. It depends upon the internal policy, ask your supervisor and HR what is the plan? In most of the organization the employer is moved back to home country on home country's payroll.

This is my opinion not legal advice.