H1-b1 laid off & new employer

[anisanis]

Hi folks

I am a civil engineer with MS degree from a USA school. I am on h1-b1. Last week (May 27, 2003) I got laid off. Though I am getting another job in same area Oakland, California most possibly from next week. Now my probable new employer wants me to figure out H1-b1 by myself.

My Current Status:

Visa: H1-B1 (Feb 15, 2003 - July 30, 2004), my previous employer did not know that they could apply for 3 years for H1-B1 duration.

Now questions I have are

1)How long do I have to find a new job? I mean how long an H1-b1 holder can be lagally unemployed?

2) With my new employer do I need to file for Labor Condition and then H1-B1 (My new employer is in same location Oakland and same industry "Civil Engineering")?

3) Will that be total new H1-b1? or I have to transfer my old H1-b1(Feb 15, 2003 - July 30, 2004) to new employer. I prefer to get a new H1-b1 with 3 years duration.

4)How quick I can process it? I expect to join next week to my new company.

Please let me know the quickest way of doing it? How much will be INS fee? Is this process very complicated? Do you suggest me to do it by a lawyer?

I appreciate your quick response.

Thanks
anisanis

 

[nkm-oct23]

Originally posted by anisanis
Hi folks

I am a civil engineer with MS degree from a USA school. I am on h1-b1. Last week (May 27, 2003) I got laid off. Though I am getting another job in same area Oakland, California most possibly from next week. Now my probable new employer wants me to figure out H1-b1 by myself.

My Current Status:

Visa: H1-B1 (Feb 15, 2003 - July 30, 2004), my previous employer did not know that they could apply for 3 years for H1-B1 duration.

Now questions I have are

1)How long do I have to find a new job? I mean how long an H1-b1 holder can be lagally unemployed?

Technically no time but BCIS routinely approves H1b transfer application filed within 1-2 months of previous employment. Technically your H1b expires on the last day of employment.

2) With my new employer do I need to file for Labor Condition and then H1-B1 (My new employer is in same location Oakland and same industry "Civil Engineering")?

Yes, you will need a new LCA Labor Condition Application for a new job regardless of location.

3) Will that be total new H1-b1? or I have to transfer my old H1-b1(Feb 15, 2003 - July 30, 2004) to new employer. I prefer to get a new H1-b1 with 3 years duration.

This will be an H1 transfer. You will most probably get the H1 transferred for a fresh 3 year period.

4)How quick I can process it? I expect to join next week to my new company.

You can begin new employment once you receive a receipt notice from BCIS. Use the original receipt notice to show work authorization. Remember that your employer has to file most of the paperwork (LCA and then I-129), you cannot do it by yourself.

Please let me know the quickest way of doing it? How much will be INS fee? Is this process very complicated? Do you suggest me to do it by a lawyer?

Most people use immigration attorney. Check BCIS website for fees for I-129. The process is quite straightforward.

I am surprised that you are not aware of these issues even though you are currently on H1b!

I appreciate your quick response.

Thanks
anisanis [/B]

 

[Jim Mills]

Re: Re: H1-b1 laid off & new employer

QUESTION:
How long do I have to find a new job? I mean how long an H1-b1 holder can be lagally unemployed?

PREVIOUS ANSWER:
Technically no time but BCIS routinely approves H1b transfer application filed within 1-2 months of previous employment. Technically your H1b expires on the last day of employment.

COMMENT:
This was true a couple years ago. Now I would not expect BCIS to approve a case and issue I-94s if they become aware of ANY gap in employment. My suggestion would be to file under Premium Processing so that you have a quick answer.


QUESTION:
Please let me know the quickest way of doing it? How much will be INS fee? Is this process very complicated? Do you suggest me to do it by a lawyer?

PREVIOUS ANSWER:
Most people use immigration attorney. Check BCIS website for fees for I-129. The process is quite straightforward.

I am surprised that you are not aware of these issues even though you are currently on H1b!

COMMENT:
I agree. Although some people are knowledgable enough to handle a straight-forward case on their own, this case is NOT straight-forward since there is a gap in employment. It also appears from the questions asked that the original poster doesn't even know where to start. The amount that it would be necessary to learn would be very considerable. I don't think you can do it yourself.