H1B Layoff while abroad

Sep 20, 2019 9 Comments

Hey guys, I’m curious what happens in case an employee gets laid off while traveling abroad? Let’s assume the employee is on the payroll for another month..

I know that legally speaking the H1B becomes invalid but given that most companies do not report employee names for layoffs the same day, I was curious if it is possible to re-enter and access the 60 day grace period/if people here have faced this situation.

I’m personally traveling to India later this year and want to make sure I’d be able to come back even in case of an untimely layoff...

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TOP 9 Comments
  • Apple OIRr82
    If it really bothers you, look to move to companies that have a good record of handling layoffs. Ive heard QUALCOMM gave laid off employees a good 2 months of notice, severance based on years of work, blanket severance and also called in other companies to campus to hold job fairs. To me, that’s a responsible way of going about it
    Sep 20, 2019 1
    • Qualcomm GoTAlgo?
      Never been on the chopping block, but I can vouch for this. They gave some employees 6 months notice.
      Sep 20, 2019
  • PayPal payguypal
    I had a close friend in my team who was let go while he was out for his wedding. The management was considering enough to wait till he came back. Didn’t even break the news on day 1, but on day 2. His tenure of being on payroll then started from there. Hope this helps.
    Sep 20, 2019 3
    • Reliable Software / Eng Atinlay5
      Wow his first few days of newly married life must have sucked
      Sep 20, 2019
    • Riverbed Technology dagdaubab
      Not such a lucky charm his wife huh
      Sep 20, 2019
  • Snapchat / Eng Mac Daddy
    You have a 60 day grace period anyway, so you should be able to enter. Bring the latest pay stubs with you when entering so that you can back up the period. And don't volunteer information. I've never been in that situation but I would do that.
    Sep 20, 2019 0
  • Roku cruella
    I think u will be okay if u r still on payroll. But consult an immigration attorney before leaving.
    Sep 20, 2019 0
  • Juniper / Eng sixpack
    If you are on payroll for a month after layoff, legally you are not laid off until the end of your payroll. You are still an employee of the company and you can still come back to US within that time period.
    Sep 20, 2019 0

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