Thread regarding Seagate Technology Inc. layoffs

If you lose job on H1B

You have to vacate the the cihntry within 45 days as if new rules or else DHS will send FBI to arrest you. Happened to one-off my friend at Cupertino.

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Post ID: @YywJqYQ

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I was lay-off by Maxtor/Seagate some time ago. I had a H1B. When I was lay-off, Maxtor/Seagate di not provide the cash , ticket as required already at that time.

Due to the employee's loss of status to remain in the U.S., the employer has an obligation to provide "reasonable costs of transportation" for the employee back to his or her last place of foreign residence. The obligation does not extend to family members or for personal items such as furniture and belongings. (It should be noted that if the employee voluntarily terminates employment, the employer is not obligated to provide the cost of return transportation.) The employer can offer either a direct purchase of a plane ticket or cash payment. However, an employer cannot force an employee to accept the ticket. If the employee refuses to accept a ticket or cash payment for a ticket, the employer should request that the employee sign a statement, with independent witnesses if possible, indicating that the employee declines acceptance of the ticket or cash.

Historically, employers often found it necessary to explore other options before terminating an H-1B worker due the prior requirement for the employee to return home immediately when no longer employed. Effective January 2017, an H-1B worker has a 60-day grace period from the date of termination to locate a new employer before being required to return to his or her home country, which makes it easier for employers to manage their workforce and allows an H-1B worker the opportunity to locate a new sponsoring employer.

The employer should document all steps it has taken to comply with immigration law. If there is a layoff or furlough, an employer may have compensatory obligations under the LCA. In addition, there are risks of being sued under state contract law if, for example, offer letters and other writings constitute an implied contract. There are risks of discrimination claims if H-1B employees are not treated as other similar employees in such situations. Employers need to be mindful of the special requirements affecting H-1B workers to avoid additional liability, and are advised to consult with legal counsel on issues involving H-1B workers.

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Post ID: @YywJqYQ-1wrg

this risk you take when going to another country to work

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Post ID: @YywJqYQ-jmn

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