[snambi]

As a citizen, if I get laid off, I get a severance package and support from the state. It is ok if I get laid off. Temporary inconvenience, but family doesn't need to suffer. It is not the case for H1B visa holders.

If H1B visa holder gets laid off, they need to find a job in 60 days. That is a lot of stress. Suppose they find a in different state, they need to move. This is stress for the family and children as well. In the worst case, they may need to leave the country. It is harder, because they need to sell all their properties, move the stuff and relocate the family in an extremely short period of time. I think the H1B rules are draconian.

IMHO, H1B must be reformed or abolished. In the current form, it only benefits big companies to hire great talent for cheap and keep under their control. Similar to bonded labour.

[bombcar]

How EXACTLY does it work for someone laid off from Twitter, for example? Does the 60 day clock begin the moment they were "laid off" or the moment severance runs out? Does it matter if the company puts them on garden leave instead of immediate lay-off?

[temp_praneshp]

The thing that grinds my gears (I'm a H1B holder) is that no one really knows the answer to this question, including immigration lawyers who post on linkedin). The general advice is to start the clock the day you are laid off.

[dragonwriter]

> How EXACTLY does it work for someone laid off from Twitter, for example? Does the 60 day clock begin the moment they were “laid off” or the moment severance runs out? Does it matter if the company puts them on garden leave instead of immediate lay-off?

EDIT: This apparently is wrong, see downthread; the original text below is preserved for context

When they are no longer legally employed, with legal employment including any terminal leave. (But not extended by severance, even if that is calculated based on pay for a particular time period.)

[iceburgcrm]

The moment they are laid off. The severance is an interesting question, do they even get it?

[diebeforei485]

The only way to know for sure is to wait after severance runs out and file a transfer to the new company.

If USCIS denies your application, then the 60 day clock starts the moment you stopped working (for Twitter laid off folks, this has already started). If USCIS approves your application, then the 60 day clock begins the moment you stopped being an employee of the company (for Twitter laid off folks, this is January 4).

[theGnuMe]

You know, maybe there's a way.. concurrent h1b. Maybe all the h1bs "unionize" in the sense that they get to work part time for another h1b sponsor (the h1b union). Call this the H1B union corp. That way if they lose their official job, the h1b union they can stay beyond the 60 days to look for work.

I dunno, this would need an immigration lawyer to weigh in on. There's a YC one who appears from time to time.. This could be something YC does which would make startups more attractive to h1bs.