H-1B visa termination
According to current law, H-1B workers must leave the US within ten days of the expiration of their visas.
A laid-off H1-B worker can apply for a grace period beyond the 10 days. This is granted on a case-by-case basis, and usually for a very short amount of time. If?you are laid-off, the employer is supposed to pay airfare for your journey back home.
If you are in a position to find another employer within?ten days who can file for a fresh H1-B,?you and your?dependents can legally stay in the US.?But such situations are rare.
Finding another job and transferring the H-1B visa in a month's time is next to impossible. Most likely, you'll have to leave the?US, apply for a new H-1B and then return. Companies prefer a US citisen or a Green Card holder who can start working immediately as opposed to waiting four months for the USCIS to clear an H-1B visa worker.?
The problem does not end there. Employers are not obliged to provide?any prior notice before sacking you.?
If you fall victim to this, you?may have to go to a 'body-shopper' to?stay in the US. Body-shoppers employ laid-off people and file for their visas with USCIS to ensure that the workers maintain legal status in the US. They then sub-contract the workers out to other tech-companies, while taking 10-20 per cent?of their salary. This is a last resort.?
In cases where both hu*****and and wife are working and?one of them is fired, he or she can?'stay legal'?by applying for an?H-4 dependent visa, assuming that the other spouse continues on his or her H-1B.
Moreover, many Indian workers?do not get the retirement benefits even though they have contributed significantly through taxes?in their allowable six-year stay. The benefits accrue to H-1B professionals?from Western Europe because the US has treaties of reciprocity with these nations, but none with India.
Also, H-1B workers have been laid-off due to the outsourcing of jobs from the US. Many of these positions are outsourced to India and so Indian H-1B professionals are often sent home to work for their American companies
According to current law, H-1B workers must leave the US within ten days of the expiration of their visas.
A laid-off H1-B worker can apply for a grace period beyond the 10 days. This is granted on a case-by-case basis, and usually for a very short amount of time. If?you are laid-off, the employer is supposed to pay airfare for your journey back home.
If you are in a position to find another employer within?ten days who can file for a fresh H1-B,?you and your?dependents can legally stay in the US.?But such situations are rare.
Finding another job and transferring the H-1B visa in a month's time is next to impossible. Most likely, you'll have to leave the?US, apply for a new H-1B and then return. Companies prefer a US citisen or a Green Card holder who can start working immediately as opposed to waiting four months for the USCIS to clear an H-1B visa worker.?
The problem does not end there. Employers are not obliged to provide?any prior notice before sacking you.?
If you fall victim to this, you?may have to go to a 'body-shopper' to?stay in the US. Body-shoppers employ laid-off people and file for their visas with USCIS to ensure that the workers maintain legal status in the US. They then sub-contract the workers out to other tech-companies, while taking 10-20 per cent?of their salary. This is a last resort.?
In cases where both hu*****and and wife are working and?one of them is fired, he or she can?'stay legal'?by applying for an?H-4 dependent visa, assuming that the other spouse continues on his or her H-1B.
Moreover, many Indian workers?do not get the retirement benefits even though they have contributed significantly through taxes?in their allowable six-year stay. The benefits accrue to H-1B professionals?from Western Europe because the US has treaties of reciprocity with these nations, but none with India.
Also, H-1B workers have been laid-off due to the outsourcing of jobs from the US. Many of these positions are outsourced to India and so Indian H-1B professionals are often sent home to work for their American companies
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