Work VisaJan 13, 2020
NewiX3r4

On H1B. About to be fired

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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LogMeIn npae08 Jan 13, 2020

Sorry to hear that. AFAIK 60 days grace period is only if i140 is approved..

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iX3r4 OP Jan 13, 2020

That changed in January 2017

LogMeIn npae08 Jan 13, 2020

I thought this rule started in 2017, b4 that there was no grace period for anybody.

OCC qCnw83 Jan 13, 2020

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.

Ironclad ⌐(ಠ۾ಠ)¬ Jan 13, 2020

Which company is this? Name and shame that company.

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iX3r4 OP Jan 13, 2020

It's a shitty company in Florida. They have been pressuring me to take a loan from the company so that they don't have to pay my salary as per the LCA

Facebook Jjxe78 Jan 13, 2020

Take the loan and default

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scheme Jan 13, 2020

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.

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iX3r4 OP Jan 13, 2020

It's already at Wage Level 1 which I don't think can be amended any lower.

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scheme Jan 13, 2020

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.

Cornerstone mylyfmyway Jan 13, 2020

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?

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iX3r4 OP Jan 13, 2020

Because they'll treat it as if I was laid off for performance

Ticketmaster whathuh Jan 13, 2020

You can also file a B-2/change of status. It’s a tactic that can buy some time.

Sina.com blw Jan 13, 2020

Your h1b expires regardless been revoked or not.

Microsoft veryLow Jan 13, 2020

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.

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iX3r4 OP Jan 13, 2020

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

Cornerstone mylyfmyway Jan 13, 2020

That’s good to know that at least you have some time to prove yourself. Good luck with your assignment!

Custom Service Plastics Rabino Jan 13, 2020

Typical fraud desi company. I am glad trump is slowly blacklisting and revoking the status of such shady companies

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iX3r4 OP Jan 13, 2020

It's not a desi company. I'm the only Indian who works here

Copper zyRt73 Jan 13, 2020

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.