How to maximize my severance if I find a new job before the Warn period ends. My priority will be to start the new job as soon as the h1b transfer is done. I am only eligible for the minimum severance. I believe i cannot be receiving paychecks from 2 different companies: Oracle and the new company. Please correct me if I am wrong. Thanks in advance.
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White 40s guy here: we should do something about our education system. One out of every ten graduate students in imputer engineering is white. The issue has more to do with that an less to do with people taking jobs, which isn't happening.
To all those who are whining about H1B holders taking away US/American jobs.
Don't blame the H1B holders, who are just following/doing what is "legally" allowed by the law.
Instead, blame the big US corporations and the politicians, who put the rules and laws in place related to H1B visas so US corporations can benefit from the "cheaper" labor and the politicians get the "donations" and votes in the long run; meanwhile go after the fraud and loopholes related to H1B visas, work / training visas, immigration, etc.
Quit whining and get some real skills to stay on top of the job scene. Whining like your inbreeding trailer trash brethren about H1Bs taking your job is not the solution.
@PaqUp95-kpo "............... They are not used as intended - "temporary" employment. H1B is the first stepping stone for permanently taking jobs in the US."
You exhibit a complete disregard of law. H1-B is a dual intent visa. A person on H1-B can legally aspire to be a permanent resident OR aspire to go back to home country and just have a temporary job in US. Same is not the case with student (F1 visas). So YES H1-B is legally the stepping stone for permanently taking jobs in US.
If you are worried about H1-Bs taking over, worry more about birth rightcitizenship. As far as I know many H1-Bs have 1 to 2 kids while in US... all will eat into your future resources and you can not do a thing.
So I advise you to call your congressman and ask them to repeal Birthright citizenship. No use crying over H1-Bs .
I have had H1 transferred to different companies on several occasion. The essential document required during this process is the most recent pay stub. In the case of pay under WARN, USCIS is never going to check if you got one or 2 months pay in parallel with another job (unless you bring that up). Eeven if you bring it up, it will be grey area of law. Because ORACLE will not revoke your H1-B until 2 months from now, so you are not getting paid from someone who doesnt hold your H1-B. I can understand that you will get paid for a month or two while on 2 separate H1-B by 2 different employers. But getting paid by 2 different employers while on H1-B is not taboo. One H1-B has to be concurrent to the main H1-B.
I personally will not bother if I get couple of weeks double pay. Once I have worked for the new employer several months, all the USCIS is concerned with is whether you have maintained your status, which you can prove by showing current employment verification letters.
As far as severance pay is concerned- which you get at end of WARN- ( and not the normal salary during WARN), you can completely get it even if you have started another job. The federal law on H1-B clearly says that the company must provide same benefits and compensation to a H1-B employee as it does to regular citizens. So you are entitled to get severance pay, and you do not have to worry if you have already started working at another company.
Also, you should note that these days it is taking 2+ months to get H1-B transferred. So you should start the process ASAP. But you have the option to not wait until the full transfer, you can start working at a new location on the basis of the receipt notice from USCIS.
I am not a lawyer.
You can receive multiple paychecks. For that you can have one principal H1B petition and then another concurrent H1b. See if you can ask your new employer to fike fir a cincurrent H1b and then later make it full time h1b
H1B visas allowed Indians to almost completely take over software development in the US. They are not used as intended - "temporary" employment. H1B is the first stepping stone for permanently taking jobs in the US.
I suggest you ask a lawyer about this rather than anonymous commenters here...
Based on rules, cannot have 2 paychecks.
In reality, Oracle will never know.
I'd play it clean. It's your call.