Thread regarding Intel Corp. layoffs

How many days a h1b employee can stay after layoff ? Is it ok to leave USA in 10 days from the date of layoff ( last working day )

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leave immediately

by | Post ID:

Consult with an independent attorney, I think you should be ok to leave stay till the time you are in payroll... Which from I hear is may 30th... I've used murthy. Com consultation service before and they were helpful

by | Post ID:

Usually one may take risk of staying and finding the job under 30days or little more but not more than 180days(illegal). Under 180days, more than 30days case you may need to leave country and re-enter with approved petition eventhough you have previous petition visa valid for travel. Please check with immi-attorneys or immi-sites-forums on this topic for any one shared some cases for authenticity. This is kind of idea how you can handle not a legal suggestion.

Good luck!

by | Post ID:

When your employer sends the notice to USCIS to revoke your petition, USCIS takes months to act on it.

However, when you find a new employer and they file a new H-1B petition for you, you will have to show your recent pay stubs. Therefore, it may still be possible to extend or change status during the period you are receiving severance payments. Also, please note that, many times, USCIS overlooks brief gaps in pay stubs, but that is not always guaranteed.

H1 worker must get the same benefits as U.S. workers, in terms of severance package, health insurance continuation at employee's expense (COBRA) etc. Even though your employer must pay for return flight expenses for you and your dependents.

Some people and some attorneys claim there is a 10 day grace period rule. That is not true. The so-called "10 day rule" only applies to the validity of H-1B workers before and after the petition begins and ends. It is not applicable regarding how long an H1B worker is allowed to stay in the U.S. while searching for a new job. It is better that you file for a change of status to something like B2 (visitor) or B1(business) visa until you find a new job. You can change back to H1 status once you find a new job and your employer files a new petition for you.

You may be able to transfer your H1B to another employer even if temporarily while you look for another more permanent job. This will allow you to continue staying in USA. Once an employer files your H1B, the H1B-receipt notice will allow you to work for that employer and stay in the country. You do not have to wait for H1B to be fully processed and granted.

There are some small companies which take H1B employees under their shadow. You can search online.

Please do not trust Intel Immigration Law Firm - Fragomen. They do not have employee interest in mind and will only do what is best for Intel. You may contact any other well known immigration firm, Most offer free consultation while others charge $150.

by | Post ID:

People saying technically 0 days are ignorant. Every visa has a grace period of at least 30 days.

And people chanting for Trump-- Yes, the H1B's are also looking forward to a Trump presidency. Trump is pro-business, so we will never have job insecurity (because of our education level). And American education system will stay as un-affordable to poorer Americans as it is now (if not more) as it is now. So there will be no threat of a sudden inrush of qualified native workers to neither us nor our children, who will follow our example and get a proper education (that we surely can afford). Bring it on! Trump all the way!

by | Post ID:

Incredible....an H1b who was laid off??

by | Post ID:

Few days after your official last day at Intel. Intel pays for the ticket so ask for it.

by | Post ID:

And if you get caught overstaying, you'll be denied entry to the US for 5 or 10 years, I forgot which. Can't come in even for vacation.

by | Post ID:

When I was in that situation years ago, I was told it's ok to stay about 30 days, although the rule is you need to leave immediately.

by | Post ID:

May 30 is the last working day . So you need to leave by May 30. After may 30 it's grey but uscis doesn't bother until 10 to 30 days after may 30. 30 is pushing it. 15 should be fine.

I am in similar boat

by | Post ID:

Technically 0 days. But the current government does not enforce it, so stay as long as you want.

If Trump is elected, expect to be deported though.

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