分享一些疫情期间H1b被Furloughed的信息, 以及寻求建议

基本情况： 楼主现在H1b身份，公司因为受疫情影响比较大，决定Furlough大部分员工。
时间：整个4月和5月，分个人情况从4月起先用PTO, 之后开始Furlough。（楼主从5月开始）
公司承诺6月1日回去上班，并至少保证2个月内不被layoff。

一些公司律师的解答：
    The furlough will impact your H-1 B visa, as the H-1 B visa is an employment-based visa that requires you to be paid regular wages during the period of your H-1 B validity. Because the furlough will result in unpaid wages, it will inevitably cause you to violate the terms of your H-1 B visa, and fall out of status.
    In response, you may utilize the remainder of your unused PTO to delay the official start date of your furlough period. For example, if your date of separation from the company is April 1st, and you have 2 weeks left of unused PTO this time can be utilized to delay the start date of your furlough period to April 15th.
    Once your furloughed period has begun you have the following options:
OPTION 1
•        Utilize available PTO and wait until June 1
o        <CompanyName> intends to rehire the employees if sufficient work available, as such, you would simply return to work for <CompanyName>.
o        There will be no issues of unauthorized employment as you are allowed 180 days of unauthorized employment.
o        When travel permissible, you could exit and re-enter the US to correct your status.
o        Further, you will also not accrue any unlawful presence as long as you have a valid 1-94.
o        Would need to reassess if confirmed not returning to <CompanyName>.
o        PLEASE Note that under this option your 60 day grace period will NOT be activated.
OPTION 2
•        Utilize available PTO and then terminate employment to activate the 60 day grace period.
o        60 day grace period authorizes you to remain the U.S. during this time, which affords you the opportunity to transfer employers, change status or rehire with the company.
o        Your 60 day grace period would take you past June 1, so you would know within the 60 day grace period whether <CompanyName> will bring you back after the furlough.
    This is the recommended option as the 60 day grace period will protect your status, allowing you find a new employer and to file a new H-1B petition with that employer or, rejoin <CompanyName>, however, please note that in order to activate the 60 day grace period, you must terminate employment with the company, once your PTO ends.
    Once you have officially started your 60 day grace period, you may remain in the U.S. in lawful status and can use this time to find a new employer willing to sponsor you for H-1B employment and file a new H-1B Change of Employer petition with USCIS. The new petition must be filed before your grace period expires. Once the new petition has been filed, you may then begin working for the new company upon issuance of the receipt notice.
    Alternatively, if <CompanyName> notifies you that you will be rehired before your 60-day grace period expires, you may resume working with the company without needing to file a new petition (provided that you will be rehired in the same or similar capacity).
    If you cannot secure new H-1B employment (and/or are not rehired by <CompanyName>) before the proscribed grace period expires, you must prepare for departure from the U.S. on or before Day 60 to avoid falling out of status.
OPTION 3
•        Utilize available PTO and then depart the U.S.
o        You are only obligated to perform and be paid whilst in the U.S., therefore, if you depart the US after your PTO, you would not be out of status.
o        The ability to return to the U.S. in light of COVID-19 re-entry would prove difficult, also to return on H-1B before June 1, 2020 (or after if not rehired) would be in violation of your status. Additionally, you will experience difficulty if trying to change employers as the H-1B transfer must be filed whilst you are in the U.S. The only option would be consular processing, which would take a long time because premium processing is not available.
OPTION 4
•        Change of Status i.e. B-2
o        Realistically doesn't do too much good i.e. and you would need to stop working whilst pending change of status.
o        Additionally, I would need to apply for COS back to H-1B if able to find a new employer, but with no premium processing available there is so no fast track for this.

楼主的解读：根据楼主现在的情况，基本上有两个选择：
1. 在5月1日Furlough开始前辞职，然后用60天的grace period找到下家，然后上岸。担忧：疫情期间工作不好找。
2. 等着5月1日被Furlough然后6月回公司正常上班，然后在180天内回国重新签证。担忧：6月之后的疫情情况，以及回国签证的风险(比如说：机票买不到，回国先被隔离，签证被check或被拒), 以及被公司7月之后layoff。如果在中途找到别的公司，能否transfer h1b 去别的公司工作。

希望这些信息能够帮助到地里的伙伴们， 也希望有大神能回答一下我的疑惑，是应该选1，还是选2. 还有就是求大米~~

楼主可以自己申请unpaid leave 比如两个月 然后请公司把你最后的一次pay check等你找到新工作后再发给你吗

MonkeyBoss 发表于 2020-4-9 06:09
楼主可以自己申请unpaid leave 比如两个月 然后请公司把你最后的一次pay check等你找到新工作后再发给你吗

这个还真不知道，可以去问一下

楼主你最后的plan是什么呢？