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Effect on "status" depending on termination or "bona fide" termination

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  • Effect on "status" depending on termination or "bona fide" termination

    My H-1B visa was recently approved.

    On October 1st I will make myself available to work for my employer. I suspect based on recent events, that he might terminate after a very short time. Here's my question:

    In online sources a bunch of sources talk about "Bona fide" termination as a requirement for the Employer before they can stop paying wages. However, whenever I read about termination and it's effect on employee's "status", only the word "termination" alone is typically used.

    Will I
    1) remain in H-1B status until there has been a "Bona fide" termination; or
    2) remain only in H-1B status until the employer (e.g.) tells me I'm laid off and stops giving me work (Not a bona fide termination).

    How long do I stay in H-1B status?!

    /A

  • #2
    You will stay in H1B status as long as you get paid by the employer. You will be considered to be out of status on H1B once your employer stops paying you, while you remain in U.S in H1B status.
    Not a legal advice. Use of this information is strictly at your own risk.

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