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Comment by product50 | Hacker News Reader

This is probably heresy. No one talks about the H-1B worker who got laid off - it is only about the ones who stay. Not sure if everyone in this thread is aware but if an H-1B worker is laid off, he/she gets only 30 days to find a new job. If he is not able to land a new gig within 30 days, they have to leave US for good. So I will not judge here based on a couple of FB comments.

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It's pretty common for anyone that's worked in tech for Fortune 500s before: http://www.nytimes.com/2016/01/26/us/lawsuit-claims-disney-c...

There is actually no grace period. They can be legally picked up and put in deportation proceeding the minute they're fired and they start accruing illegal presence immediately.

What percentage of people that can be legally picked up get picked up?

They don't pick you up. You have to leave. However the company has to pay for your expenses.

But the USCIS generally approves petitions to change from one employer to the next if the gap between jobs is short. 30 days is acceptable

Does the new employer have to get a new H1-B from the lottery?

No, the new employer can sponsor the new employee.

No, the H1B goes with the employee. They/you have to apply for a H1B transfer.

But the previous employer has to approve the transfert.

Absolutely not. The previous employer has no role at all and does not even have to know it happened - you could apply for a H1b transfer, get it approved, decide you don't want the new job and continue working for your old employer without them ever knowing you had looked around. Everyone I know has had the transfer completed before giving notice at the old job so that if it somehow is denied (eg new employer does not have a job that qualifies for a H1b), the current employer doesn't have to know you wanted to leave.

Hearsay. Heresy is something completely different.

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