H1B Layoff Urgent (Different Situation )- Please help

[pacific]

H1B Layoff Urgent - Pl. Advice

I was working with a company A which closed down , due to financial reasons, in first week of August and all the employees were laid off. But the company never cancelled any H1's explicitly. My latest pay stubb was dated 16th August 02.

I got a part time job with another company B and they started my H1 process in first week of sept but as LCA n all takes time my receipt notice is dated Sept 23rd. So I started working with that company from Oct1st and I am on company B's payroll.

Company A again came back to business but with a different name and different management and they want me back. now my questions here are:

1. Will I have any problems in getting my H1b approved from Company B which was filled on Sept 23rd?

2. Can I go back to company A and start working with them on their old visa even though now it is a new entity?

3. In case I cannot work with company A now C on their old visa can I apply for a fresh visa with company A now C. I just have a receipt notice from Company B's H1 filling and I have one pay stubb(part - time) for Oct from company B.

4. Can I say I am still in status?

Any help is appreciated. Thank You all in anticipation.


Pacific

 

[mgh2001]

H-1 rules mandate that you are gainfully employed with sponsoring employee and have pay-stubs to prove it.

1. Likely you'll get it approved (assuming you meet all other criteria of salary, company viability etc..) but without I-94 attached since technically you've been out of status since Aug 16th. (You'll need to make a trip out of N.America to get valid I-94).

2. You'll need a fresh H-1 from Company A, since technically your H-1 expired Aug 16 (even though it wasnt explicitly revoked)

3. Absolutely. Company C (formerly A) will need to file a new H-1 with same implications as in 1) above

4. Actually no. INS deems one out of status as soon as he is laid-off. You may be accruing unlawful presence - would recommend you accelerate your H1 through Premium processing to get new H1 before 180 day limit. Contact your lawyers immediately to explore possible options regarding your H-1.