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Laid off? Return ticket?

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  • freephoneid
    Member
    • Aug 2011
    • 4

    #1

    Laid off? Return ticket?

    Hi,

    I'm getting laid off on H1-B visa & my last day is end of Aug 2011. Company is paying me 10 weeks pay a severance package (I believe 6 weeks + 4 years of service) . Also, they'll pa me for any unpaid vacation that I've left.

    Now, I heard that if an employee is on H1-B visa, then the employer also needs to provide the return ticket to employees' home country along with severance package.

    Is that true? Should I also ask for return ticket along with severance package?

    If I'm transferring H1 to another employer, is the first employer still suppose to provide return ticket?

    Thanks!
  • kabkaba
    Member
    • Oct 2008
    • 6989

    #2
    If employment is being terminated before petition expiry, the employer must pay for employee's return to home country. That is the law. Employer need not pay for dependents.
    This is my opinion and not legal advice.

    Comment

    • freephoneid
      Member
      • Aug 2011
      • 4

      #3
      But what if I'm transferring my H1 to another employer?? Does 1st employer still need to pay for return ticket?

      Comment

      • kabkaba
        Member
        • Oct 2008
        • 6989

        #4
        If the employer is laying you off then they are required to pay. If you quit the job they are not required to pay.
        If you claim travel expenses and don't actually travel, that becomes a fraud matter outside immigration law.
        This is my opinion and not legal advice.

        Comment

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