H1 Transfer question

[vlan]

Hello,

My fiancee was working on company A and got laid off a few months ago.
Then after two weeks he found a new job with company B, that has filed
for H1 Transfer for him. He got laid off again, after a couple of
months, but his H1 transfer is still in process.

He needs to know if he is out of status the moment he got laid off
from company A, or when he was laid off from company B. One attorney
says that he is still in status as long as his H1 transfer is still
pending, since he does not have to work for the company that filed it.

Any opinion on this is highly appreciated!

~vlan

 

[jaxen]

different opinion

I presume that he got paid for the few months he worked for company B. In which case he has to do apply for another h1 transfer (after being laid off by company B) to be in status even if he want s to go back to company A. This is my opinion.

However if you have a lawyer who can defend a more favorable position, I would most probably hang on to that opinion...