H1 transfer with 2 months gap, but without illegal stay... Please helpl

P

phonon

Registered Users (C)
I was laid off two months ago. I found a new employer and is preparing file a H1 transfer. There are two months gap that I don't have any pay stub. Fortunately, I file I-485 last August, which means I still maintain my legal status in US.

My question is that:

(1) Do I have to travel back to home country and get H stamp for the H1 transfer?
(2) Can I just apply a brand new H1B instead of transfering?

Thank for help.

PHonon:
 
You can apply for transfer. After you receive H1 transfer application receipt notice you can begin to work based on that notice. ( I guess you do not have EAD.) If you apply for a new H1, you will have to wait for it to get appoved.
 
But I heard that...

Some time INS approves a H1 petition without a new I-94 attached. What is the criteria for INS grant H1 transfer?
 
You must log in or register to reply here.
Top