H1B - Pregnant and laidoff

[mango2009]

I am on H1B visa , my I=94 expires on August 03 2009. I am employed with same company from past 3 years (Clean employment history)
At present I am 7 months pregnant and my employer gave me 30 day notice to terminate me from the job. What are my options?

1. Will my pregnancy affect H1 transfer? I can not work after sometime based on my situation.
2. what are other options I have? Please suggest.

Thanks in advance for your help.

[qasleuth]

Originally Posted by mango2009

I am on H1B visa , my I=94 expires on August 03 2009. I am employed with same company from past 3 years (Clean employment history)
At present I am 7 months pregnant and my employer gave me 30 day notice to terminate me from the job. What are my options?

1. Will my pregnancy affect H1 transfer? I can not work after sometime based on my situation.
2. what are other options I have? Please suggest.

Thanks in advance for your help.

It is illegal to fire you because of pregnancy. If you believe you were discriminated against due to your pregnancy, put in a complaint with the state agency/Fair Employment & Housing. There are state laws that protect you. Do your research, hire a lawyer.

You may also be covered under FMLA.

http://www.dol.gov/esa/whd/fmla/

[mango2009]

Thank you qasleuth for your reply.
My company says their policy is to layoff everybody who comes out of project and goes on bench. I am checking my options with FMLA. meanwhile I am looking for H1 transfer if I am not given FMLA.
- If I transfer my H1 to a new employer, I am wondering if I can go on maternity leave after working for one month

[piyu7444]

Originally Posted by mango2009

I am on H1B visa , my I=94 expires on August 03 2009. I am employed with same company from past 3 years (Clean employment history)
At present I am 7 months pregnant and my employer gave me 30 day notice to terminate me from the job. What are my options?

1. Will my pregnancy affect H1 transfer? I can not work after sometime based on my situation.
2. what are other options I have? Please suggest.

Thanks in advance for your help.

Why is your employer firing you? Is it a usual lay-off or it it coz you are pregnant?

If it's due to you being pregnant - you can sue the employer but will have to get FACTS in order and will need a lawyer for sure.

If it's a usual lay off then you can be officially on leave for the peek time of pregnancy. Month 8 till you deliver the baby. You will have to apply for leave officially and getting paid is not required for this time period. Once you get over this time you will have to have a pay chq to maintain h1b status. If you can not maintain h1b then you should get to h4 (assuming your spouse has a h1b).

Getting a new sponsor in these circumstances is possible but is not going to be very smooth. If you will go to a ''consulting firm'' why will they hire you without a project? Esp. when USCIS is looking for such firms and job market is not very good.

Take a well thought decision and think of long term.

GOOD LUCK and CONGRATULATION for the coming bundle of happiness in your life

[tabletpc]

Best thing for you to do is change to H4. Once you are ready to get back to work, using you earlier H1b you can transfer to new employer....!!!

I think this is the only good option to maintain your good immigration history..!!!

[PBECVictim]

If I am in your position, I don't care about job. First I will search for options for at least 1 million dollar law suit. I know few cases regarding this. Google yourself. If your company revenues more than 3 millions I will file for lawsuit.

Originally Posted by mango2009

I am on H1B visa , my I=94 expires on August 03 2009. I am employed with same company from past 3 years (Clean employment history)
At present I am 7 months pregnant and my employer gave me 30 day notice to terminate me from the job. What are my options?

1. Will my pregnancy affect H1 transfer? I can not work after sometime based on my situation.
2. what are other options I have? Please suggest.

Thanks in advance for your help.

[qasleuth]

Originally Posted by mango2009

Thank you qasleuth for your reply.
My company says their policy is to layoff everybody who comes out of project and goes on bench.

My sympathies as you are in a tough situation. Many things to consider: H1 legal issues, insurance etc. Is your current employer canceling your H1 immediately ?
They cannot makeup a policy on demand. You may have to gather evidence in terms of past history. Were other employees paid when they were off projects ? Was every employee laid off when on bench ? Many things to consider.

Originally Posted by mango2009

- If I transfer my H1 to a new employer, I am wondering if I can go on maternity leave after working for one month

New job search: I do not think there is any law that prevents an employer from not offering you a job as you are pregnant. It all boils down to how sought after your skills are, who the employer is etc. Will the employer give you the leeway to be on maternity leave for 6 weeks (which probably is the minimum) as your skills are in great demand ?

[qasleuth]

One more idea (obviously this not legal advice and you may need to take the services of a lawyer):
if their past history does not show this policy of laying off everyone who comes off a project then slap them with a legal notice for discrimination and negotiate a 'severance pay' which will keep you in legal status till the baby is born and you recuperate.

[snathan]

Originally Posted by mango2009

Thank you qasleuth for your reply.
My company says their policy is to layoff everybody who comes out of project and goes on bench. I am checking my options with FMLA. meanwhile I am looking for H1 transfer if I am not given FMLA.
- If I transfer my H1 to a new employer, I am wondering if I can go on maternity leave after working for one month

1. First try to find another employer who can do H1 Transfer.
2. You can take maternity leave and should not have any issues without.
3. Or negotiate with your current employer to not to revoke or layoff till your delivery.
4. Take unpaid leave and at least get insurance coverage for your delivery.
5. In the mean time find another employer

If nothing is working with the current employer look for legal option. If they are revoking your H1, they need to provide return ticket for you to your home country.

[mango2009]

I have updated my profile. Thanks everybody for your wishes and all the replies.

Looks like I have collected following options.
1. Claim FMLA from 8th Month and stay in same company.
2. H1 to H4 transfer.
3. H1 transfer ( If I can find another job) and


I have one more question.
My employer called me and informed on phone that they are terminating my job and they will stop the payroll by end of 4 weeks from that date. When I asked for a written notice they said that the phone conversation is recorded and that is the notice. Is this how it works normally????

[snathan]

Originally Posted by mango2009

I have updated my profile. Thanks everybody for your wishes and all the replies.

Looks like I have collected following options.
1. Claim FMLA from 8th Month and stay in same company.
2. H1 to H4 transfer.
3. H1 transfer ( If I can find another job) and


I have one more question.
My employer called me and informed on phone that they are terminating my job and they will stop the payroll by end of 4 weeks from that date. When I asked for a written notice they said that the phone conversation is recorded and that is the notice. Is this how it works normally????

You send a email stating that you can not accept the phone conversation and need a written notice. Also ask them to provide the air ticket. It does not matter you are using or not. Let them pay for it.

Tell them as per the USCIS/DOL rule, they must provide the ticket if they revoke the H1B. Thats the law. Don’t forget to let them know you are filing the law suite...So the onus is on them to prove you are not laid off because of your pregnancy.

[ashwinkumara]

Originally Posted by mango2009

I have updated my profile. Thanks everybody for your wishes and all the replies.

Looks like I have collected following options.
1. Claim FMLA from 8th Month and stay in same company.
2. H1 to H4 transfer.
3. H1 transfer ( If I can find another job) and


I have one more question.
My employer called me and informed on phone that they are terminating my job and they will stop the payroll by end of 4 weeks from that date. When I asked for a written notice they said that the phone conversation is recorded and that is the notice. Is this how it works normally????

No, A phone conversation is not considered a notice. They have to give you a dated written notice of termination, with the reason of termination. This will go into your file. This is the normal process for most companies. Some companies require you to sign an acknowledgement and/or non-compete document on termination.

Are you covered under your Husband's insurance or from your company? This is a bad time to lose any full insurance coverage. Either way, you will still be able to take COBRA, paying the the entire burden of insurance premium.

I would suggest trying to negotiate FMLA witha starting date of the proposed termination date, if the employers are reasonable ( you can take upto 12 weeks and should not affect H1 status. So you will be able to relax and enjoy your first precious months with the baby. And search for alternate employment in the meantime. This allows your employer to justify their bottomline, as they are not paying you during FMLA.

From their actions (the phone termination), it appears that that they might be discriminating against you, in which case, you must ask for a written termination notice WITH the reason for termination. In addition ask for a copy of their policy of terminating people coming out of projects and going on bench.

Do not get stressed and hope you find an amicable solution.

[jediknight]

Originally Posted by mango2009

I am on H1B visa , my I=94 expires on August 03 2009. I am employed with same company from past 3 years (Clean employment history)
At present I am 7 months pregnant and my employer gave me 30 day notice to terminate me from the job. What are my options?

First of all Congratulations

Try not to get stressed out. It's not good for the baby. I know this is easier to say but let your spouse, friend and lawyer, worry about what to do.

If you are in California, you can take disability leave before the baby is born, maternity leave and FMLA leave and then unpaid leave. You should try to work with you current employer to make sure that they give you atleast the unpaid portion. I am not sure what the company's issue with unpaid leave is.

We should put up a HALL of SHAME for employers like these who break the law and misuse the H1B Visa. It will also counter talking points of opponents of the H1B program.

[apume]

Congrats!!! Nothing in the whole world is more precious than getting your baby the right environment, love & care before and after her birth. What she goes through will affect the rest of her life!

Coming to you, there are many options that people have already suggested - make sure you get the employer letter in black & white! See if you can make a case for discrimination... look for a pro-bono lawyer - those who will work for you all through and will only charge you as a percentage of your lawsuit compensation (that is if you receive one), so you do not need to worry about lawyer charges anytime.

Transfer to an H4 and get COBRA / spouse's insurance (since this is a life changing event) - keep your cool, take good care of yourself and have peace of mind. Jobs will come and go... your baby will be born only once!!! Give her the due royal treatment, you'll be happy you did - no matter what other compromises you end up making in the course of it.

Good luck,
-Apurva.

[suriajay12]

Congratulations in advance for your new baby.
Make sure you dont loose insurance during pregnancy and even if it means you pay out of your pocket. Since law doesnt require an employer to provide insurance, you must take care of it yourself. Else its going to be very expensive.
Check with a decent attorney on options in this situation and how you can be on the payroll till you settle down after the baby is born. You will have to take leave anyway during the delivery.
If the employer is a good one and unable to meet the current bad situation and as a last option unable to keep employees, please show some pity on him and dont do anything bad to him. But if he is cruel to you and not taking care of you JUST because of pregnancy, then dont spare him.. but dont do anything in next 2 months.. Dont take any such pain atleast till the baby is born.