H1B layoff, revoked

Hi ,

My friend who is in H1B has been laid off on Apr 25th, But he gets his severance pay till Aug 1st. With this,

  1. How long he has?To get a new job and file new petition ?

  2. When is the last date to leave the country?

  3. Can he use the severance pay stubs to show that to file his petition in the new company?

  4. If current company revokes H1B, but since premium processing is stopped now, he will have a valid petition and also severance pay stubs, does that mean he is maintaining status?

This is a very critical time for your friend, it is unfortunate that this happened. I strongly recommend that you consult a lawyer, it is worth the money and more reliable than anything else you may read here. First of all the duration of severance package has nothing to do with being in status. With the new regulations that went in to effect on January 17, he has 60 days before he finds another sponsor or switching to another Visa. Search for ‘Grace Period for Nonimmigrant Workers Following Loss of Employment’. There are strict requirements for what an H1-B sponsoring employer must do after laying off an employee. Typically, the law firm that originally filed the H1-B will inform you about the next steps. This information is posted on USCIS website on what your rights are as a Non-Immigrant worker. Again, consult the law firm or hire a new lawyer.

Very sorry to read this. Does your friend got a new job and his visa condition got squared? I was in a same situation but I had an offer in hand when I got laid off. But USCIS delayed the receipt process so I got a month gap to get the receipt and start working for the new employer. Now I am going through a RFE. not sure what is going to happen. Seems the RFE is about the maintenance of status. I have all 6 years of payslip but dont have one month because of the delay from USCIS receipt acceptance. I received a severance pay for that month though and have a payslip. Not sure if USCIS accepts this. Anyway the new rule says a 60 days gap period is ok, but dont know how USCIS accepts this.