H-1B transfer or new H-1B petition?

H

Hanz

Registered Users (C)
Hi, Guys,

I practically lost job in April. Now I got an offer starting in September. I didn't change to any other status after losing job while holding EAD (EB-1A, concurrent, petition not approved yet). My question is: will a gap of a couple of months "out of status" affect H-1B transfer or I have to go for new H-1B petition? Thank you for your kind replies, guys. I have no idea of what to do. I will very appreciate your help.
 
I practically lost job in April. Now I got an offer starting in September. I didn't change to any other status after losing job while holding EAD (EB-1A, concurrent, petition not approved yet). My question is: will a gap of a couple of months "out of status" affect H-1B transfer or I have to go for new H-1B petition? Thank you for your kind replies, guys. I have no idea of what to do.

------------ 1 you lost the job in April 2002or2003, 2001? When did you lose the job? Why can’t you provide complete details so that your question may qualify for an answer from many?

2 When did you lost the job? What you were doing when job was lost?
From your post it seems your EAD is based on pending EB1-1 petition (Extraordinary ability) that can be self sponsored or through an employer, was it self sponsored?

Need more info and provide sequence of events
 
Hi,
I am sorry. All happens in the year 2003. I did nothing but looking for a job after losing the last. Please help answer my question somehow. Greatly appreciate it!
 
give dates. If it had been more than 1 month since you lost your job, your H1B might not be approved or rejected or approved without I94...
 
I am in the same boat as you. My gap will be from Aug.1 to Aug. 20, 2003. Transfer or new application? Any answer yet?
 
I am in the same boat as you. My gap will be from Aug.1 to Aug. 20, 2003. Transfer or new application? Any answer yet?

------- Your lawyer knows the best. I hope if filed for transfer or extension if BCIS discovers out of status you may get approval with out I-94, if filed as new H1 then no new I-94 and you have to go out get H1 visa stamp and have to reenter on H1.
Your question does not have more details, better contact lawyer with all the past H1; I-94 papers and seek legal advice
 
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