Can an Employer Keep Me Employed Under the WARN Act of California During My Visa Transition?

Question from legalbuddy, Can an Employer Keep Me Employed Under the WARN Act of California During My Visa Transition?

Answer from AI:

The Worker Adjustment and Retraining Notification (WARN) Act in California requires employers to provide a 60-day advance notice to employees affected by plant closings and mass layoffs. However, the application of the WARN Act and its interaction with visa regulations can be complex and may require legal advice.

WARN Act and Employment

Under the California WARN Act, if your employer is planning a mass layoff, they are generally required to give you a 60-day notice. During this period, you are still considered an employee and should receive your regular wages.

STEM-OPT and H1-B Visa Regulations

As per the STEM-OPT regulations, you are allowed to be unemployed for up to 90 days during your initial post-completion OPT and up to 60 days during the 24-month extension. However, you must report changes to your employment status to your Designated School Official (DSO).

When transitioning to an H1-B visa, your employer must continue to abide by the terms of the approved H1-B petition, including paying the required wage.

Interaction Between WARN Act and Visa Regulations

If your employer keeps you employed under the WARN Act, it’s unclear whether this period would be considered as unemployment under STEM-OPT rules. Similarly, it’s uncertain how this would affect your transition to an H1-B visa.

It’s crucial to consult with an immigration attorney to understand how these laws interact in your specific situation. They can provide personalized advice based on your circumstances and help you navigate the complexities of immigration law.

Steps to Take

• Contact your DSO: Inform them about your situation and ask for guidance.
• Consult an immigration attorney: They can provide personalized advice and help you understand your options.
• Stay informed: Keep up-to-date with the latest immigration news and regulations.

Remember, this information is general in nature and does not constitute legal advice. Laws and regulations can change, and each individual’s situation is unique. Always consult with a legal professional for personalized advice.