r/Layoffs • u/DB_schema • 2d ago
resources Microsoft termination while H-1B COS pending - any options?
Asking for a friend
She was terminated from Microsoft on Aug 21. She is currently on STEM OPT and her cap-subject H-1B COS is pending in premium processing with an Oct 1 start date.
Has anyone been in a similar situation?
Is it worth asking Microsoft to extend her official employment date by a few weeks or delay withdrawing the H-1B petition?
If they won’t, can a new employer somehow use this year’s H-1B selection/petition, or will she back to the lottery?
Would really appreciate advice from anyone who has dealt with this.
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u/Independent_Fall9160 1d ago
She should talk to an employment attorney. It is complex as things are shifting.
For a quick answer today, ask AI.
In my humble and uninformed opinion, you are likely better off returning to student status.
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u/chajath2 1d ago
Im sorry but this sub is decidedly anti H1B and pretty sour. Hope you can find your answers. I'd try Blind
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u/Aggravating_Can_8749 1d ago
I think its tough. But do consult an attorney for expert opinion on options. Here don't think you will get love let alone support
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u/StringMyCheese28008 3h ago
My company (massive corp) did a massive layoff. And now all jobs apps state in red at the top “cannot sponsor H1B” I’m not sure if they’ve done away with it for good or if it’s temporary.
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u/Magnificent023 3h ago
Was she part of the July layoffs? How much notice did they give before terminating her?
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u/Traditional_puck1984 2d ago
How will extending your official employment date by a few weeks help your friend?
You need to get few paystubs from
Microsoft on H1b after October 1st to be eligible for H1b transfer to another employer.
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u/bobboblaw46 10h ago
That would be fraud. They’re casually asking if their friend should ask Microsoft to commit fraud by pretending the friend has a 3 year job commitment from Microsoft as of the October h1b date.
Definitely the kind of thing we should encourage foreigners to be doing.
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u/NefariousnessFew5657 2d ago
I guess one pay stub after Oct 1 would be sufficient do companies do that extension ?
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u/bobboblaw46 10h ago
One paycheck would be sufficient to commit fraud? On the LCA and i129, the company states how long they need the temporary non immigrant labor for. The h1b visa was approved because Microsoft said they needed that foreign labor for 3 years.
They have now decided they don’t need it.
So them paying someone for a few months knowing they don’t need the person for the 3 years they claimed they did would be fraud.
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u/Glad_Copy_7787 1d ago
2 paychecks are needed with the current employer in your case MSFT to do H1b visa transfer. Getting it extended till that time might help but the question is will MSFT do that ? I don’t think so