FACT: There is no grace period if you lose your job while on H-1B. According to the USCIS website, "There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States."
Some businesses give the beneficiary of an H1B Visa 30 days notice prior to their termination. They do this so that the Visa holder has sufficient time to wrap up his/her affiars and depart the United States. That's if he/she has an employer with a heart. MYTH: "I still need to maintain my foreign residence." FACT: No. The H1B is a Visa category is one that allows for "dual intent." What that means is that there is no requirement imposed on the foreign worker to maintain a foreign residence. The foreign employee on an H1B may also petition for a Green Card. And this brings us to our next Myth.... MYTH: "H1B automatically gives me permanent residence." FACT: No. The H1B is a non-immigrant visa allowing the non-immigrant to legally work in the United States for an employer. Just because an H1B holder has an H1B, it does not follow that the H1B holder automatically gets the Green Card. MYTH: "Our business is slowing down, and the law allows us to 'bench' (i.e. not pay) our H1B employees." FACT: No such law exists. Non-immigrants on H1B status are afforded rights and protections. One of these protections is that the employer may not "bench" an H1B holder. For example, ACME Rockets has experienced a slow down in productivity and revenue. In response, ACME Rockets decides to stop paying H1B holders in their company. The employer is NOT allowed to do that. The only time an employer can stop paying the H1B holder is if the employer genuinely fires the H1B holder. If you are an H1B holder, and you feel that your wages are being unfairly withheld, you do have recourse. It is best to speak to your supervisor or your boss to resolve the issue. If after doing so the issue persists you can file a complaint with the DOL by using Form WH-4. Try resolving the issue internally first with your employer. If the abuse continues, recourse is available. MYTH: "My employer said that I am allowed to work prior to approval." FACT: Wrong. The H1B holder is not allowed to work for the US employer prior to approval.
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AuthorM. Ray Arvand, Esq. Archives
October 2017
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