H1 B question


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Iceberg   
Member since: May 05
Posts: 919
Location: GTA and beyond

Post ID: #PID Posted on: 08-02-10 19:10:16

Hello

I have a question.

If someone working in the US on H1 B is terminated from the job, what are the options. Can he stay in the US till the expiry of H 1B or does he have to leave within a certain number of days.? Does have to report this termination to anyone ?

Thanks.



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 08-02-10 19:24:37

Quote:
Originally posted by Iceberg
Can he stay in the US till the expiry of H 1B or does he have to leave within a certain number of days.?

Has to leave within a short period of time or find a new job and have new employer file H-1B application ASAP.
There is no hard, fixed period to leave but as soon as possible is expected.
2 - 3 weeks should be acceptable.
Quote:
Does have to report this termination to anyone ?
No need.

Best option is find new job and have employer file new petition.
Then he/she can continue staying and begin work immediately.


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cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 08-02-10 19:34:38

Quote:
Originally posted by Iceberg

Hello

I have a question.

If someone working in the US on H1 B is terminated from the job, what are the options. Can he stay in the US till the expiry of H 1B or does he have to leave within a certain number of days.? Does have to report this termination to anyone ?

Thanks.



Your employer is required by law to report it to the immigration, you are not required to report it to anyone. I would echo Pratik's advice - that the person should wind up his US affairs and leave the country as soon as he can or find another employer willing to sponsor his H1.



Iceberg   
Member since: May 05
Posts: 919
Location: GTA and beyond

Post ID: #PID Posted on: 08-02-10 19:42:22

Thanks, guys.

So even if the person is a Canadian citizen, he has to leave the country, as I understand.

Hypothetically, what would happen if he did not leave within 2 - 3 weeks ? Would that have a bearing on his future application ?



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 08-02-10 20:03:27

Quote:
Originally posted by Iceberg
So even if the person is a Canadian citizen, he has to leave the country, as I understand.



-- Correct.

Quote:

Hypothetically, what would happen if he did not leave within 2 - 3 weeks ? Would that have a bearing on his future application ?



-- His future requests for the entry into the US could be delayed/denied, depending on the number of days he is out of status or the number of "illegal presence days" he accumulates.



brown_bear   
Member since: Nov 06
Posts: 542
Location: Somewhere in dreamland

Post ID: #PID Posted on: 08-02-10 20:24:50

The correct way to do if you are terminated on H1b is to file for a change of status to visitor visa if you are an Indian citizen. As a Canadian citizen , you have that option (file for change of status) or you can come to Canada and re-enter back on a visitor status being a Canadian passport holder.

(Keep in mind that in both cases the reason to allow you into US on a Visitor status is strictly for visiting or tourism purposes . Not to search for job )

That is assuming the border port of entry would agree to allow you to visit the last place you stayed in the US to complete your formalities (sell house etc) and leve the US

Of course all the above is assuming that no other employer is filing for your H1B transfer or a TN visa



akscanada   
Member since: Jun 07
Posts: 227
Location: GTA, ONTATIO, CANADA

Post ID: #PID Posted on: 08-02-10 20:49:44

This seems to be a quite a deal. I guess this is the reason going through the H1 process can be quite a nightmare - reminds me of the days when I used to work in Dubai and dare not to change my employer or pray not to get fired.

I was working for 1 week from our office in Akron in Cleveland. Everytime I went to mall or a resturant people would stare at me as if I came from Mars. Clearly no only wanted me there. Obviously with such high umemployment rate they don't want us there.

I fail to understand why people are so desperate to still go through this process when back in India there are better oppotunities.

Just a thought - I know this is not the topic here.





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