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  #1  
Old 10-01-2008, 09:10 PM
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Default H1b Visa .. Lehman Brothers

Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11

... He has been told that salary will be paid for 3 months

Right now he is at home and looking for other offers and no H1b transfer has been started


Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

thanks
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  #2  
Old 10-01-2008, 10:11 PM
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Quote:
Originally Posted by sam2006 View Post
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11

... He has been told that salary will be paid for 3 months

Right now he is at home and looking for other offers and no H1b transfer has been started


Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

thanks
They are paying 3 months salary for a guy on H1B? Who is paying him?
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  #3  
Old 10-01-2008, 10:30 PM
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Default Its possible.

Quote:
Originally Posted by prioritydate View Post
They are paying 3 months salary for a guy on H1B? Who is paying him?
I think his friend is a full time employee of Lehman.
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  #4  
Old 10-01-2008, 10:37 PM
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Default Depends on how he is paid

Quote:
Originally Posted by sam2006 View Post
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11

... He has been told that salary will be paid for 3 months

Right now he is at home and looking for other offers and no H1b transfer has been started


Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

thanks
If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.
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  #5  
Old 10-01-2008, 10:55 PM
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sam2006 is a glorious beacon of light sam2006 is a glorious beacon of light sam2006 is a glorious beacon of light sam2006 is a glorious beacon of light sam2006 is a glorious beacon of light
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Quote:
Originally Posted by kramesh_babu View Post
I think his friend is a full time employee of Lehman.
Yes he is( was ) a FT at Lehman
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  #6  
Old 10-02-2008, 12:58 AM
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Quote:
Originally Posted by sam2006 View Post
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11

... He has been told that salary will be paid for 3 months

Right now he is at home and looking for other offers and no H1b transfer has been started


Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

thanks
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
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  #7  
Old 10-02-2008, 10:22 AM
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If he'll be receiving his paystubs for each pay period for next three months, he should still be in status.

Quote:
Originally Posted by meridiani.planum View Post
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
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  #8  
Old 10-02-2008, 10:48 AM
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This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.

Hope This Helps.
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Last edited by add78; 10-02-2008 at 10:50 AM.
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