H-1B furlough or temporary lay off

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Watch the Video on this FAQ: H-1B furlough or temporary lay off

Video Transcript

Question:

1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period?

2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.

Answer:

1. First of all the 60-day grace period only begins if you have been terminated from employment. More important for your purposes is  they have to tell you (doesn't have to be in writing) that they are terminating your employment. If they don't tell you they have failed to terminate your employment, so there's no question of a 60-day grace period. You can file a complaint with Wage and Hour Division (WHD) - US Department of Labor. They will get the money for you. 

2. In order to continue working and be in status your H-1B must be received by the USCIS before your current H-1B expires so your deadline is to get the  physical filing over to the USCIS before your current status expires. FAQ in detail...

 

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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