H-1B雇员被解雇后的须知

By: Beth Robertie, Esq. 不少人关心到如果其在H-1B期间被雇主解雇掉应如何如何处理。以下为H-1B雇员被解雇后的一些须知以及我们对此的建议，以供大家参考： Given the current economical situation and job market conditions, we often receive questions from clients regarding what to do once they have been laid off from their H-1B employer. Obviously, every situation is different and you should consult a qualified immigration professional if you are facing this situation yourself, but here are some pointers: * An H-1B beneficiary who is laid off or fired for any reason ceases status from the day he stops employment, even if he receives several weeks or months severance. * In order to be able to transfer your H-1B to another employer, you must provide CIS with three months of pay stubs from the most recent three months to show that you continued to be employed with your first H-1B employer until recently. This means that there should not be a gap of several weeks or months between H-1B employers if you plan to transfer your H-1B. * On the bright side, however, because you are already in H-1B status, you will not have a problem with the H-1B cap as long as you have been counted under the cap in the last six years. * If you are unable to immediately find other employment, keep in mind that there may be other options regarding non-immigrant visas, depending on your situation. You may have the option of switching to a dependent nonimmigrant visa, if you are married, or perhaps switching to a visitor visa during your job search. * Do not do nothing – as we mentioned before, you cease to be in status from the day you stop employment. Therefore, you must act in order to prevent accruing unlawful presence, which may affect your ability to acquire more nonimmigrant visas as well as adjusting your status to become a permanent resident later. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]