What if fired from FTE on H1B

[happybuddha]

Hello,
Just trying to be prepared here.

Two scenarios :
A) While working FT with a firm, if one gets fired with 2 weeks of pay, there is still 'some' hope of being able to get employment from another firm just based on the proof of receipt (however dicey it may be given that the transfer may be rejected). And the candidate gets to stay in the country
B) While working FT with a firm, if one gets fired with no notice, he is basically screwed and will have to go home and pack his bags and take a flight back to his/her country.

My question is in scenario B, what choices does a person have ? Assuming the firm he works for has HR which will make sure the Full payment is made on the day the person is fired and ENSURE the h1b gets revoked ?

I read about bridging, but I think a COS to a B visa or even asking some desi consultant to apply for a transfer is time consuming. And for whatever those one or 2 days, you are sill illegally on American soil. Does that hurt GC process in the long run ? Can a person still stay around assuming he is able to find someone who will start the transfer process the day the person is fired (with h1 revoked) ?

Cheers,

[shervin143]

Two three days may not have any impact, although technically you are considered out of status for that period. However it is advisable to be safe rather than sorry. If there is an RFE asking for the latest payslip during the H1B transfer and if there is a gap, then the the transfer might not get approved with a new I-94. In such case, the time spend in U.S as of the last working day with the previous employer until the time spend in U.S is considered to be out of status even if you have a valid I-94 in hand (the one that is associated to the old emplopyer's petition). In such case, whenever you fill any application (DS160 etc) for the question "Have you ever violated the status", you will end up having to answer Yes.