Legal Question in Immigration Law in California

Temporary Layoff and H1B transfer

Company A had sent me on ''temporary lay-off'' (no paychecks) from 12 weeks ending May 31, 2009. But, are still paying the health insurance and I pay the premiums. After May 31 they will anyhow terminate and COBRA will start.

I have transferred my H1B successfully from company A to B. and have started with Company B.

My health insurance with company B starts only after 90 days.

Should Company A still support the health insurance till May 31 (to my benefit) or should I immediately inform them to terminate me and revoke H1B.

Is this a lawful requirement?

Will it mess up status, tax, I-9 etc. ?


Asked on 4/29/09, 12:32 am

3 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Temporary Layoff and H1B transfer

Dear Inquirer:

You are not required to inform Company A to revoke your H-1B. You may wish to let them know you have taken employment with another company after May 31, 2009, when your new health insurance is in place.

Please visit our website at www.hanlonlawgroup.com for more information or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 4/29/09, 5:21 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Temporary Layoff and H1B transfer

Your question is something of a hybrid between immigration and employment law. Your question asks several things in the immigration world that are overlapping. I don't want to write a dissertation here. I can respond to the immigration issues and refer you to an employment lawyer.

Feel free to contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 4/29/09, 12:45 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Temporary Layoff and H1B transfer

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

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Answered on 5/11/09, 6:55 pm


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