On H1B. About to be fired

New iX3r4
5d 38 Comments

I just got my H1B approved(COS from F1) for 3 years but I'll probably get fired by this week since they don't want to pay me the wages they mentioned on my LCA. My employer might revoke my H1B petition. Would I get my 60 days grace period to file for H1b trnasfer if they have filed for revocation? #h1b #rfe

Update - I have been asked to complete my current project by end of March otherwise I'll be fired.

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TOP 38 Comments
  • Ironclad / Legal ⌐(ಠ۾ಠ)¬
    Which company is this? Name and shame that company.
    5d 14
    • New iX3r4
      OP
      You're right. I shouldn't have joined them in the first place. And it's not some desi consulting company. It's a generator servicing company owned by a shady guy
      5d
    • New iX3r4
      OP
      @Oracle Wouldn't it cause issues during my H1 transfer or stamping?
      5d
    • Oracle / Eng
      relex

      Oracle Eng

      PRE
      VMware
      relexmore
      I don't think so. But you should talk to some immigration lawyer about it.
      5d
    • Facebook sxjj41
      That’s what happens when desperate H1Bs join shady fraud companies. @op you brought this on yourself
      5d
    • McKesson nomad_99
      Reporth1babuse@uscis.gov
      5d
  • LogMeIn npae08
    Sorry to hear that. AFAIK 60 days grace period is only if i140 is approved..
    5d 7
    • Apple
      jhetfield

      Apple

      BIO
      Ok
      jhetfieldmore
      60 days grace period has nothing to do with i140
      5d
    • New iX3r4
      OP
      @Apple So will I get 60 days once terminated, if my employer has filed for revocation?
      5d
    • Amazon Rubyguy
      Yes , you will get 60 days to find another job
      5d
    • Amazon rockNRofl
      My understanding is that 60 day grace period is for i140 approved folks. Id say talk to a lawyer asap. DM me if you need a contact
      5d
    • Amazon remthename
      Not related to i140 at all
      5d
  • New
    scheme

    New

    BIO
    Started blind to get some break from work. Now, I work to get some break from blind.
    schememore
    Sorry to hear that OP. Looks like a shady company. However, if it's not performance related then are they willing to amend your LCA to a lower wage and keep you on-board?

    Obviously you have to start looking for something else right away but I am wondering if you can buy more time at your current company. If they agree to amend your petition then that will easily give you 2-3 months at least because those are time consuming processes.
    5d 2
    • New iX3r4
      OP
      It's already at Wage Level 1 which I don't think can be amended any lower.
      5d
    • New
      scheme

      New

      BIO
      Started blind to get some break from work. Now, I work to get some break from blind.
      schememore
      AFAIK, wage levels have a range. Unless you're already on the lowest end of the spectrum at level 1 then you may have some room to navigate.
      5d
  • Microsoft veryLow
    sorry to hear tha OP
    You would get 60 days (counted from your last day mentioned on your laid off document till the day your new H1b transfer document reached USCIS) (talk to immigration lawyer)

    My suggestion, try to negotiate salary a little which will buy you more time and for next time avoid any consulting firm.
    5d 2
    • New iX3r4
      OP
      It's a electrical equipment servicing company in Florida. I have been asked to complete by current project by end of March otherwise Illbe fired. Buys me some time
      5d
    • Cornerstone mylyfmyway
      That’s good to know that at least you have some time to prove yourself. Good luck with your assignment!
      5d
  • Cornerstone mylyfmyway
    Why does your post title say ‘About to be fired’ when you are about to be laid off? Why use harsh words against yourself when there is no mistake of yours?
    5d 1
    • New iX3r4
      OP
      Because they'll treat it as if I was laid off for performance
      5d
  • Copper zyRt73
    I don’t know what will happen if your h1b petition is revoked. I got 60 days when I got laid off from my job a couple of years ago. Stay patient and start finding another job, you can join then on your h1b receipt. 60 day limit is for h1b receipt, not approval.

    In any case, definitely talk to a immigration lawyer and confirm everything ( specific to your situation ) with the lawyer. and start hunting for your next job. Any job is good enough as long as they are will sponsor you if your goal is to stay in the country.

    Also I think you can report the company to USCIS, it’s weird that they can’t pay you what they promised on the LCA.
    5d 0
  • Custom Service Plastics / Eng
    Rabino

    Custom Service Plastics Eng

    PRE
    Medtronic
    Rabinomore
    Typical fraud desi company. I am glad trump is slowly blacklisting and revoking the status of such shady companies
    5d 1
    • New iX3r4
      OP
      It's not a desi company. I'm the only Indian who works here
      5d
  • OCC qCnw83
    Can't you ask your employer to wait until you can get another job? Ask for 30 days or so and get another job. In that case you're better off. Anyway, talk to an immigration attorney. You might have more options than you think.
    5d 0
  • Ticketmaster whathuh
    You can also file a B-2/change of status. It’s a tactic that can buy some time.
    5d 1
    • LinkedIn vtvggtcr
      If the application is refused, he has to leave immediately. I'm not even sure you can use remaining grace period if you apply for COS and it gets denied.
      5d
  • Sina.com blw
    Your h1b expires regardless been revoked or not.
    5d 0

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