What H1B Visas laid off or Benched employees can do to keep their visas!
What you should do if the new company's attorney says no transfer because no check stubs!People have told you the standard advice that "there is no grace period" in H-1B once you lose your job, and that you are therefore now unlawfully present in the US. Before you pack your bag and leave, please consider the factors below. The truth of the matter is, even when you've been laid off or benched, you might not necessarily have to leave the country, especially if your termination was due to your employer's unscrupulous conduct.
The factors to weigh in are:1) whether you have an unexpired H-1B visa in your passport,
2) whether your employer failed to pay you for your work,
3) whether your employer threatened you in any way, and
4) how long you've been without pay
Check the link for the chart that can answer your questionshttp://www.peerallylaw.com/en/content/view/501
Note that you have posted the chart on the jpg file on the avvo.com pictures on our profile.
Great care must be exercised in deciding how to proceed if you've been laid off while in H-1B status, because consequences of being an overstayer can be disastrous. For example, if an individual is an overstayer for 180 days or more, a 3-year inadmissibility bar is triggered. So although this article provides some optimism, in certain cases, it really is a good idea to leave the country immediately. A discussion of the best course of action with a knowledgeable immigration attorney is of great importance
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