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I've been working for my employer for almost three years on an H-1B visa that's due to expire this September. I was repeatedly assured that I'd get an extension, but the person responsible has been putting it off month after month with different excuses.
Two months ago, the company laid off 30 employees and put others on furlough. Most people are now off furlough and the company is starting to hire again. There are three H-1B employees left, including me.
This week, one of the other H-1B employees was told he would have to leave the country by the end of the month because the company is "legally unable to apply for visas or extensions while they have people on furlough." Like me, he'd been assured--until last week--that his visa would be renewed.
Is this true, or are we being lied to?Thanks for the responses so far. I should add that none of the H-1B employees are or ever were on furlough. What my company claims is that if they applied for an H-1B extension, the USCIS would reject it on the grounds that (a) there's been a recent layoff and (b) the company has people (any people at all) on furlough. My employer is saying that the USCIS would reject petitions based on the fact that they would expect the company to focus on rehiring Americans that have been laid off and taking Americans off furlough, rather than sponsoring foreign employees. So my question is, are my employer's claims true, or are they making them up so they don't have to tell us that they're not willing to extend our visas for financial reasons?