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  • layoff related question

    Hello!

    I am on H1b, my wife is on H4. Its been more than 6 years i am living in USA.my employer had applied for PERM but waiting on result.
    Employer has laid off and gave 2 weeks to find another job or would repatriate to India.
    my wife is pregnant and i am concerned about her and baby's health.
    if i cant find another job, how do i convince my employer to give more time to find a job? what are my options....?

    Thank you for your suggestions in advance.Appreciate it.

  • #2
    Unfortunately when you are in H1B, you need to get paid. If your employer cannot pay you after 2 weeks, then you will go out of status on H1B.
    You also mentioned that you have already completed 6 years in U.S in H1B status. I am guessing that your H1B got extended beyond the 6th year based on your pending PERM. In such case, how is that you are going to transfer your H1B to your new employer without an approved I-140.

    Also, child birth is very expensive in U.S. If your employer is terminating you, then you health insurances with them will no longer be valid. You should check with your health provider about the COBRA plan. Switching to B1/B2 is an option. But the chances of that getting approved is very difficult in your case.

    I would suggest you to consult a good immigration attorney.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      thank you for the response.I will do that.

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