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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7298
Experience:  Experienced in all aspects of immigration and nationality law.
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I am on H1B visa in Reno, I have 3 year visa with 2 years to

Resolved Question:

I am on H1B visa in Reno, I have 3 year visa with 2 years to go, I have now been made redundant due to re organisation, what are my rights?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX X'll be helping you with your questions today.

Unfortunately, you don't have any rights, in temrs of immigration, as a non-immigrant status holder in the US.

The only option you have is to apply for a change of status or change of employer (often incorrectly termed an H1B "transfer") prior to your official termination and removal from payroll. This is because for a change like this, you are required to show that, up until the day the change was filed, you were in the US lawfully, and maintaining your non-immigrant status, as it relates to the status or employer from which you are changing. In order to show this, you have to be on the H1B sponsor company's payroll to prove that you've maintained status throughout your time in the US.

As far as your employment rights in an action against the company itself, that is something you would have to discuss with an employment attorney or Expert. It is not an immigration issue.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7298
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.

I was only given 2 days notice , told on wed 2nd Oct, off payroll on friday 4th Oct, I was not given any warning, can I still apply for status change?

Expert:  Expert James replied 9 months ago.
Hi Patricia,

Unfortunately, you are now out of status, and are not eligible for a change of status or employer. You have to leave the US and process back in with a new H1B employer or a different status.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 9 months ago.

Do I have a case of due dilegence not being followed by the company, I read somewhere that the company must give reasonable notice to the employee in order for them to try to find alternative employment?

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