Clarify H1 transfer legalities, Require immediate suggestions

[amulyavenkat]

Hi All,

My brother was working for a company in New Mexico, who applied for H1 last year and got his approval for an year i.e., Oct 2006. Today as a part of downsizing their company, they relieved my brother.
I have some queries as to what would be the exact thing to do in such a situation

1. Can the employer terminate you without prior notice or atleast 2 weeks notice ?
2. If the employer pays you a Severance Pay for 2 weeks, does that legally indicate that my brother is on their payroll for those 2 weeks ? If yes, can the employer send a termination intimation to USCIS prior to the completion of those 2 weeks ?
3. If the employer sends a termination notification to USCIS tomorrow, how much time will my brother have to get his H1 transferred before USCIS cancels it?
4. In the worst possible scenario, if the employer sends his termination intimation to USCIS , how much time does he for applying for a new H1 / transfer of H1 before he goes out of status ?

pls suggest immediately !..

Thanks,
Amulya

[nj_usa]

1. Can the employer terminate you without prior notice or atleast 2 weeks notice ? - YES, they can, as they are an employer. But if they do, then employee is entitled for return ticket to his/her home country.
2. If the employer pays you a Severance Pay for 2 weeks, does that legally indicate that my brother is on their payroll for those 2 weeks ? If yes, can the employer send a termination intimation to USCIS prior to the completion of those 2 weeks ? - No, they can't send a termination intimation to USCIS prior to the completion of those 2 weeks. Employee is entitled to get salary what it mentioned into H1 petition by employee (minimum wage).

3. If the employer sends a termination notification to USCIS tomorrow, how much time will my brother have to get his H1 transferred before USCIS cancels it? - He has to transfter ASAP. Sooner is BETTER.

4. In the worst possible scenario, if the employer sends his termination intimation to USCIS , how much time does he for applying for a new H1 / transfer of H1 before he goes out of status ? - He won't be out of status, as long as he has valid I 94 form with valid date. But he won't be having any pay checks which are required to transfter to any company. so again, He has to transfter ASAP. Sooner is BETTER

[amulyavenkat]

thank you so much for the info !

- amulya