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Here is my case
My Wife was employed when she left US on 30th Jan 2015. She is in Europe right now.
She got lay off yesterday and the company said that she will be on notice period till 6th March 2015 (its not Feb but March 2015). She is suppose to return to US on 22nd Feb 2015. Her I-797 and Stamping are both Valid for through 2017.
Employer told that she will be on the regular pay roll through 6th March and after that she will be separated from the company. Her letter mentions about CA WARN Law, which i have no clue.
Question here are :
1) Can the Company Revoke her H1B before 6th march 2015
2) Can she enter US on 22nd Feb with her Employers I-797 and Stamping since the date of her separation is 6th March 2015. Again its not 6th Feb but 6th March 2015
3) Can there by a problem at Port of entry .i.e can visa officer say that Are you laid off. What should be the answer than and what we should do (Can She say, she is with her employer till 6th March 2015 and in mean time she has couple of interviews and she is looking for Probable Job Change. If not she will be filing Change of Status)
4) Assuming she does not get a Job on 6th March and we file for her Change Of Status to H4. While that is pending, if she gets another job, can she cancel the COS and go ahead with H1B Transfer
Answers to above questions will be really helpful
Thanks
My Wife was employed when she left US on 30th Jan 2015. She is in Europe right now.
She got lay off yesterday and the company said that she will be on notice period till 6th March 2015 (its not Feb but March 2015). She is suppose to return to US on 22nd Feb 2015. Her I-797 and Stamping are both Valid for through 2017.
Employer told that she will be on the regular pay roll through 6th March and after that she will be separated from the company. Her letter mentions about CA WARN Law, which i have no clue.
Question here are :
1) Can the Company Revoke her H1B before 6th march 2015
2) Can she enter US on 22nd Feb with her Employers I-797 and Stamping since the date of her separation is 6th March 2015. Again its not 6th Feb but 6th March 2015
3) Can there by a problem at Port of entry .i.e can visa officer say that Are you laid off. What should be the answer than and what we should do (Can She say, she is with her employer till 6th March 2015 and in mean time she has couple of interviews and she is looking for Probable Job Change. If not she will be filing Change of Status)
4) Assuming she does not get a Job on 6th March and we file for her Change Of Status to H4. While that is pending, if she gets another job, can she cancel the COS and go ahead with H1B Transfer
Answers to above questions will be really helpful
Thanks
