I am a Software engineer, and I got laid off in aug31- 09. As of today, I have completed 5 months without a paycheck.
My previous employer has reported to USCIS, to cancel my H1B. The H1b stamp on my passport expired in Sept 14' 08, however, my I-94 is valid till Sept 14 – 2011. I have been looking for a job ever since, but due to the economy, it took me 5 months to get a job, and I got a job last week with a university and are transferring h1-b, and they want me to start working only after h1-b approval. May anybody help answer the following questions.
1. Will my H1 transfer be approved in the first place? If so, will I get a new I-94?
( my new employer filed for h1-b transfer, and they did not know about my previous employer request to uscis to cancelling my h1b, not sure if uscis sent any letter confirming cancellation of h1b. My previous employer told me that my h1b cancelled just few days ago, so I did not tell my new employer. )
2. My new employer thinks that I am still with old employer. I am not sure If need to tell them ? I am afraid that they may pull back the offer if I tell that I am not working. What should I do now ?
3. I have also heard that I will be banned from entering the US after 6 months of unemployment. So I have completed 5 months of unemployment, so, do I have to leave for India before completing 6 months of unemployment.
4. My h1b transfer with new employer filed on 01 / 29 / 2010, Is it OK to stay beyond 6 months or so till I get my h1b approval ? If there is a query for pay checks What should I do ?
Appreciate your help in advance.