Thread regarding ViaSat Inc. layoffs

Question for fellow H1-B folks about 60 days grace period

Hi All. Got laid off with termination date of yesterday (3/27) and separation day of (4/1). This means that I have 60 days to transfer my H1-B to another employer starting from one of those days (not sure which one).

I had some friends at other companies who got laid off but were able to stay part of the company for about 3-4 months, which gave them 150-180 days to transfer their H1B. Was anyone given such option?

Does anyone know if it would be worth it to try to negotiate to get something like it? Is that even possible?

Thanks in advance!

by Anonymous
| 1501 views | | 6 replies (last April 6, 2023) | Reply
Post ID: @OP+1lRZVwjK
Comment! It's anonymous!

6 replies (most recent on top)

Any updates on this? Did you guys figure out a way to get more time? How is job hunt going?

by Anonymous
| | Reply
Post ID: @9yqt+1lRZVwjK

I am also on the same boat, Trying to see if the severance can be paid out bi-weekly or somehow get 60 days of notice period. That would be really helpful, But doubt if the HR (who seemed to not care about my questions) would agree

by Anonymous
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Post ID: @3big+1lRZVwjK

What you are asking for is technically not legal. You are trying to game the system. But if you want to hire an attorney to tell you something different, go ahead. The company's lawyers have provided you with what is lawful in the US. Hopefully they told you that your former employer is responsible for the expense you incur going home. I know a few people that had to nudge their former employer for this benefit.

by Anonymous
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Post ID: @1yyy+1lRZVwjK

This might be the reason why some companies provide later separation date:

"In California, it's mandatory to give 60 days advance written notice in case of mass layoffs and terminations. You can refer to the Department of Labor WARN Act here - https://www.dol.gov/general/topic/termination/plantclosings.". Found on the following web page with some other helpful info - https://www.dataneb.com/post/h1b-grace-period-after-layoffs-approved-i-140-severance-pay#:~:text=You%20get%2060%20days%20grace,that's%20a%20bonus%20for%20you.

Also, as far I understand, company immigration lawyers will almost always say that 60 days would start on the day layoff was announced but that is not necessarily true. There are different ways to interpret the law. Although not a legal advice on my end lol

by OP
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Post ID: @vyu+1lRZVwjK

Thanks! Yes, nothing to lose in trying! And you are right, technically we can start working on the case receipt date.

by OP
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Post ID: @bek+1lRZVwjK

Hi there, really sorry to hear about it, I have an H1B too and that has been making me anxious with all the layoffs happening in the industry.
I think you have nothing to lose to try to push the separation day further. And on the grace period, i think you need to sign another offer and get the transfer process started (petition received by the USCIS) within 60 days. The transfer doesn't need to be fully approved within the grace period

by Anonymous
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Post ID: @ypf+1lRZVwjK

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