regd layoff in H1-B and being in status till the time leaving US

[infoqry]

Hello All,


I just want to check if a Company lays off an employee than the remaining time the person spend in US till the time he goes to India is it considered out of status. Since one cannot go immediately back to India after lay off, than what are the options to maintain the status. I just want to mention the below scenario.


If Company A for which a person is working lays off on 20th of the month and the person can leave US only on say 30th of the month as he needs to take care of so many things like selling car, purchasing flight tickets, etc., or some times he may want to go even later, what should one do to maintain the status.


Any suggestions please.


Thanks,

[shervin143]

Unfortunately, the only available option is to file a COS to another status like B2 (Or if you are married and the spouse is working, then change to a dependent status). If the COS gets approved, you are all good. If it gets denied, then the time spend in U.S after the layoff will be considered as out of status period. If the company layoff a person in H1B, then they are responsible for booking the flight tickets back to the home country.

[infoqry]

Thank you

Hello Shervin,


Thanks for the reply. Appreciate your reply. This is very helpful.


Regards,

[infoqry]

Hello Shervin,


Many thanks for your replies. It is of good help. Can you please reply to the below.
For the scenario I mentioned if there is a layoff of the employee on 20th of October by Company A and the Company B has already applied H1-B Transfer for the employee and the H1-B receipt comes on 5th of November , as per the rule employee becomes eligible to work with Company B from 5th of November. Than from 20th of October to 5th of November, should the employee receive a Payslip from Company B to be in status.


Also assuming that on 25th of November there is an RFE and finally if on 25th of December there is a Visa Denial. But the employee would have been getting Payslips till 25th December. In this scenario is the employee in status or Out of status. After 25th December employee leaves US.


Can you please explain me this tricky scenarios based on which I can decide whether if its worth trying for H1-B Transfer or better to leave back to India. I guess this kind of infos would be very helpful for many guys who are or could be in similar scenarios and they could act wisely.


Regards,

[shervin143]

Answered here.

http://www.immihelp.com/forum/showthread.php?t=92897

Please maintain a single post.

Hello Shervin,


Many thanks for your replies. It is of good help. Can you please reply to the below.
For the scenario I mentioned if there is a layoff of the employee on 20th of October by Company A and the Company B has already applied H1-B Transfer for the employee and the H1-B receipt comes on 5th of November , as per the rule employee becomes eligible to work with Company B from 5th of November. Than from 20th of October to 5th of November, should the employee receive a Payslip from Company B to be in status.


Also assuming that on 25th of November there is an RFE and finally if on 25th of December there is a Visa Denial. But the employee would have been getting Payslips till 25th December. In this scenario is the employee in status or Out of status. After 25th December employee leaves US.


Can you please explain me this tricky scenarios based on which I can decide whether if its worth trying for H1-B Transfer or better to leave back to India. I guess this kind of infos would be very helpful for many guys who are or could be in similar scenarios and they could act wisely.


Regards,