H Visa

Recording for November 07, 2024 Conference Call with Rajiv S. Khanna

FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options

H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search

Question details

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

 

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FAQ Transcript

If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.

Concerns regarding nonpayment of wages and potential H-1B impact

Question details

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

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FAQ Transcript

If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

  • File a complaint with the U.S. Department of Labor's Wage and Hour Division.
  • You can file online or by phone (search for "LCA complaint US Department of Labor").
  • This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
  • Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
  • Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.

Recording for September 26, 2024 Conference Call with Rajiv S. Khanna

Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria

Recording for September 05, 2024 Conference Call with Rajiv S. Khanna

Topics for Discussion:

Can I use my USCIS case status approval page to extend my H1B visa beyond six years, or are there other ways to obtain my I-140 approval document? || H4 transfer, H4 EAD renewal, automatic extension of EAD || J-1 waiver and H-1B, what are my visa options? || H-1B transfer and PERM based GC || F1 CPT and change of status to H-4 visa || Travel on H-1B Visa || EB-2 and I-140 approval || Eligible to apply for citizenship? || Parallel COS application timeline from H-1 to F2 Visa || H-1B transfer to new employer || H-4 and EAD, automatic EAD extension

Recording for August 22, 2024 Conference Call with Rajiv S. Khanna

FAQs: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university || Layoff on H-1B, Changing status from B-1/B-2 pending to F-1 || Impact of layoff on green card status and future naturalization || H-1B laid off: Second B-1/B-2 visa extension