H-1B雇員被解雇後的須知

By: Beth Robertie, Esq. 不少人關心到如果其在H-1B期間被雇主解雇掉應如何如何處理。以下為H-1B雇員被解雇後的一些須知以及我們對此的建議，以供大家參考： 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. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 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]