regd H1-B Layoff and travelling back to India

[infoqry]

Hello All,


I have only 3 months of H1-B Visa left for completion of 6 years. I had also recently completed a
Project. I was told by someone in my Company that I may be asked to leave tomorrow i.e., 19th Jan as getting a short project is difficult. They give the Payslip on 20th and 5th of every month. I am not sure if I can get another Payslip on 5th which I need to clarify with my Company. If I understand correctly a H1-B person is legal only till the date they receive the Payslip. If I get the last payslip on 20th, than would my stay after 20th become illegal. I know there is another option of some tourist visa I guess which could be applied just to buy some more time and complete the closing activities. Do you think if I leave USA on 30th Jan, than the 10 days would that be considered as illegal or do I need to apply for some Tourist Visa.


Can you please clarify.


Regards,
SNK.

[shervin143]

You will remain in H1B status only till you are employed with the H1B sponsor. After the last day on your job, you will go out of status on H1B if an H1B transfer is not filed before your last day on your job. Being out of status can cause issues with future petitions/visa stamping/GC process. If you are planning to go back to your home country, then your employer is suppose to pay your return tickets home.

[infoqry]

You will remain in H1B status only till you are employed with the H1B sponsor. After the last day on your job, you will go out of status on H1B if an H1B transfer is not filed before your last day on your job. Being out of status can cause issues with future petitions/visa stamping/GC process. If you are planning to go back to your home country, then your employer is suppose to pay your return tickets home.

Hello Shervin,


Thanks for the update. My last date is given as Feb 3, 2012 - Friday and I receive my last Payslip on that day. Can I travel back to India on Saturday or Sunday being weekend and holidays ( Feb 4 or Feb 5 ) or do I need to travel back by Feb 3. Can you please confirm.


I was also answered by an attorney in a brief reply as I can leave USA a few days later and I also clarified few days to be 3-4 days. Do u think if I leave either on Feb 4 or Feb 5 that can be a cause of problem in future. I will be asking my Company people to book the Ticket on whichever day I travel.


Thanks,

[shervin143]

Saturdays and Sundays are not considered as working days and it will not cause any issues.

Hello Shervin,


Thanks for the update. My last date is given as Feb 3, 2012 - Friday and I receive my last Payslip on that day. Can I travel back to India on Saturday or Sunday being weekend and holidays ( Feb 4 or Feb 5 ) or do I need to travel back by Feb 3. Can you please confirm.


I was also answered by an attorney in a brief reply as I can leave USA a few days later and I also clarified few days to be 3-4 days. Do u think if I leave either on Feb 4 or Feb 5 that can be a cause of problem in future. I will be asking my Company people to book the Ticket on whichever day I travel.


Thanks,

[infoqry]

Saturdays and Sundays are not considered as working days and it will not cause any issues.

Hello Shervin,


Thanks for your replies. Actually I managed to get a 2 months Project and so I have a chance to stay till the end of my 6 years H1 term. My H1-B is valid till 16 April, 2012 and it is Monday. So I have 2 questions regarding this.

1) When is it safe to leave US. I understand it is better to leave earlier than 16th of April as the leaving date needs to be updated in the system. But how soon is better. 14th and 15th April happen to be Weekend - Saturday and Sunday. If I travel on 14th or 15th is it Ok or should I need to leave earlier. Can you please suggest on this and by which date it is better to leave.


2) I will be completing my H1-B term when I travel on the second week of April. So is the Company entitled to provide me the return flight Ticket to India.


Regards,

[shervin143]

1) When is it safe to leave US. I understand it is better to leave earlier than 16th of April as the leaving date needs to be updated in the system. But how soon is better. 14th and 15th April happen to be Weekend - Saturday and Sunday. If I travel on 14th or 15th is it Ok or should I need to leave earlier. Can you please suggest on this and by which date it is better to leave.
>>> You can leave anytime before your current I-94 expiry date. If your I-94 expires on April 16th, then you can leave on 14th or 15th since it is a weekend.

2) I will be completing my H1-B term when I travel on the second week of April. So is the Company entitled to provide me the return flight Ticket to India.
>>> No. They are entitled to provide the flight tickets only if they terminate you.

[infoqry]

1) When is it safe to leave US. I understand it is better to leave earlier than 16th of April as the leaving date needs to be updated in the system. But how soon is better. 14th and 15th April happen to be Weekend - Saturday and Sunday. If I travel on 14th or 15th is it Ok or should I need to leave earlier. Can you please suggest on this and by which date it is better to leave.
>>> You can leave anytime before your current I-94 expiry date. If your I-94 expires on April 16th, then you can leave on 14th or 15th since it is a weekend.

2) I will be completing my H1-B term when I travel on the second week of April. So is the Company entitled to provide me the return flight Ticket to India.
>>> No. They are entitled to provide the flight tickets only if they terminate you.

Hi Shervin,

I just want to double check regarding the point 2. My Company has not processed Green Card for me. So technically even if they have not terminated me but they have not given chance to extend my stay in US. Does it not make them liable to provide flight tickets back to India for me.


Can you please let me know what you think about this.


Regards,

[shervin143]

Unfortunately not. Let us say USCIS has approved the petition that the company filed on your behalf for 3 years and if the company terminates you within that 3 years, then they are liable to provide you a flight ticket back home. If you quit on your own or if the petition expires (and if the company is not willing to sponsor you with any further H1B extensions), then they are not liable to provide you the return ticket home. Please feel free to consult an immigration attorney to validate this information.

Hi Shervin,

I just want to double check regarding the point 2. My Company has not processed Green Card for me. So technically even if they have not terminated me but they have not given chance to extend my stay in US. Does it not make them liable to provide flight tickets back to India for me.


Can you please let me know what you think about this.


Regards,

[infoqry]

Unfortunately not. Let us say USCIS has approved the petition that the company filed on your behalf for 3 years and if the company terminates you within that 3 years, then they are liable to provide you a flight ticket back home. If you quit on your own or if the petition expires (and if the company is not willing to sponsor you with any further H1B extensions), then they are not liable to provide you the return ticket home. Please feel free to consult an immigration attorney to validate this information.

Thanks Shervin for your views.

Regards,