H1B and out of status - Please Help

I

ImInDeepShit

Registered Users (C)
hi,

I was laid off from company A on April 7th. I'm on H1. The company agreed to pay me severance till May 22nd and not report the lay off.

I got a job offer recently (from company B) and they will take till May 28th to apply for H1 transfer according to their estimate. So technically I'm out of status from 04/07 - 05/28. Will this be a problem in H1 transfer? Will I be out of status for way too long by the time H1 transfer is filed?

During interviews with B, I did not tell them about the lay off. Is it a good idea to tell them now and ask them to hurry up?

So I guess the final question is - "Is my legal situation bad enough to take the risk of confessing with company B?"

Please advise.


Thanks.
 
You are out of status. It's better to apply transfer as soon as possible. if you are lucky, you get transfer in the US. The worst scenario is your transfer in the US may be denied with H1 approved and then you are required to travel, get H1 stamp and reenter.
 
I am no expert. He is getting paid till May 22nd. So, I think he will have paystubs until then. As long as he transfers his H1 before May 22nd, he should be good. Dont you think so?
 
GotPR? said:
You are out of status. It's better to apply transfer as soon as possible. if you are lucky, you get transfer in the US. The worst scenario is your transfer in the US may be denied with H1 approved and then you are required to travel, get H1 stamp and reenter.
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Thanks for your reply. My new employer will file for H1 by 22nd according to their estimate. This is mainly due to delay in mailing documents back and forth to their lawyers. That would make it 6 weeks that I would be out of status. What are the chances of my getting a transfer in US?
 
sandy77 said:
I am no expert. He is getting paid till May 22nd. So, I think he will have paystubs until then. As long as he transfers his H1 before May 22nd, he should be good. Dont you think so?
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hi Sandy. Thanks for your reply too. But the pay checks that I'm getting are under 'severance' which is obvious from the details on the pay stub. My employer refused to cooperate on the issue of modifying pay stubs to make them look like normal.
 
Similar situation......pls help

Hi,

I have someone in similar situation. He is laid off on 7th April but his pay for month of April will come around 15th May so he will have a valid pay-slip to transfer H1.

But the situation here is the employer (who laid off) has closed the file for transferring his H1 which application is already submitted to INS and said that they will inform the INS about the termination.........so is this serious problem.

Will he have problem while transferring H1 with next employer?

So is it a illegal stay till he gets next job.........does this have problem in future while processing GC?

What is the difference between illegal stay and out of status for a H1 holder?

Thanks
Anu
 
ImInDeepShit said:
Thanks for your reply. My new employer will file for H1 by 22nd according to their estimate. This is mainly due to delay in mailing documents back and forth to their lawyers. That would make it 6 weeks that I would be out of status. What are the chances of my getting a transfer in US?
Click to expand...
Some people got transfer after 2 months of out of status.. It's up to officer, but you still have good chances. Ask employer to file quickly.
 
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