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H1B Laid Off...options Help Please


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Posted

Based on your description it looks like you were laid off and you are now hired by a consulting company.

Firstly, as the rules stand today, you are out of status the day you were laid off. Its not whether the company revokes your H-1b or not that matters but its the rule that you need to be paid all the time you are on H-1b. The payment keeps you employed and therefore your employment status. The company should also provide you with a return airfare as well.

Secondly, since it seems as if you were employed by a consulting company now, you should be fine eventhough you are out of status.

It is really in the hands of the officer reviewing your petition as well as the consular officer reviweing your ds-160 to not cause you any problems.

Typically if you can provide latest paystubs for atleast 2 work period (biweely or monthly) there are chances that your 129 will be approved like a normal visa transfer unless the consulting company messes up in proving employee employer relationship.

So dont worry for now, just make sure to check with attorneys in the consulying company to send your 129 as soon as possible, also review your 129 if they give you a chance to review.

 

Is severance considered as being on active pay roll?
 

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Posted

Is severance considered as being on active pay roll?


No, severance tho sambandham ledu
Posted

Is severance considered as being on active pay roll?


No severence is not considered as salary neither counts towards keeping you employed on H-1b
Posted

consult a lawyer...first premium lo H1 TRANSFER cheichuko

 

Consulting firm aina telsinayine. He is taking care of this.

Posted

No severence is not considered as salary neither counts towards keeping you employed on H-1b

 

Ok
 

Posted

Consulting firm aina telsinayine. He is taking care of this.

 

then it should be good. edaina US Prime Vendor ki chesthava or Client?

Posted

Nenu ade anukunna bhaiyya. Kani some ppl said, vallu first a file chesi, fire cheyochu ani. Not sure. Anduke ikkada asking

revoke cheyyali ante written withdrawal petition raayali uscis ki ..ee process cheyaniki baaga time padaddi ee process la nuv vere job or in the worst case oka consultancy vetukkuni transfer chesko

Posted

then it should be good. edaina US Prime Vendor ki chesthava or Client?

 

Bhaiyya...manshulni hire cheshe position nundi lay off aina. Prime vendor or clien evarnna OK

Posted

revoke cheyyali ante written withdrawal petition raayali uscis ki ..ee process cheyaniki baaga time padaddi ee process la nuv vere job or in the worst case oka consultancy vetukkuni transfer chesko

 

Ok. so do you know whether munde revoke cheshi lay off chesthara or leda ani?

Posted

Emundi bro. Sue cheddam anukuntunna. 7 memberss laid off daantlo nenokadine desi.


Not to discourage you but before the companies lay people they normally check with their legal to make sure no one sues them. You can fight if you can prove clear evidence of discrimination based on your nationality, for that you did not have to wait until you were separated.
Posted

Bhaiyya...manshulni hire cheshe position nundi lay off aina. Prime vendor or clien evarnna OK

 

oh..HR kind job ah...

BTW i was asking you actually....nee employer primeVendor ah, Client ah ani....

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