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Layoff, severance & H1-B transfer

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  • Layoff, severance & H1-B transfer

    I got laid-off last week. As per company severance policy, i will get 3 months base salary.

    If i get a another job, i will not seperance package.

    If i go back to my home country, i will get complete severance package.

    "If I state my emoployer that, I will go back to home and claim return ticket & severance pay. And incase, if i get another job in few days, can i I do the H1-Transfer and start working?"


    If this is possible, do i need to return severance money back to my employer?

    If no, what is the best way to leverage severance package.

  • #2
    It is a matter of ethics and possibly fraud if you get a job and do not return the money to the employer. They can file a suit against you.

    As far as H1b transfer goes, it has got nothing to do in this case. Legally, you are out of status the day you get laid off. But USCIS goes by pay stubs to determine your status.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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