H1b transfer after laid off -- Urgent

J

jogalo

New Member
Hi,

I was laid off on Oct 31, my employer told me that they were not going to notify DOL for up to 60 days. Now I got an offer with same employer in a different location. Can I still transfer my H1b even after 60 days? If I have to file a new H1b, when can I start working? Would it be subject to H1b cap?

Thanks ...
 
jogalo said:
Hi,

I was laid off on Oct 31, my employer told me that they were not going to notify DOL for up to 60 days. Now I got an offer with same employer in a different location. Can I still transfer my H1b even after 60 days? If I have to file a new H1b, when can I start working? Would it be subject to H1b cap?

Thanks ...
Click to expand...
iIf i remember correctly, you just need to amend LCA if it's the same employer with different geographical location. Better confirm with lawyer in this regard.
 
If it is a same employer, who sponserd yur H1, you can continue to work with them.

Though amendments are needed in your H1/LCA but not immediately. You can do it later.


jogalo said:
Hi,

I was laid off on Oct 31, my employer told me that they were not going to notify DOL for up to 60 days. Now I got an offer with same employer in a different location. Can I still transfer my H1b even after 60 days? If I have to file a new H1b, when can I start working? Would it be subject to H1b cap?

Thanks ...
Click to expand...
 
Thanks for the reply ... I was told that job posting for two weeks is needed before I can start working in the new location. Would this be required?
 
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It may be noted that 2007 H1-B quota with all added priorities is only
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resume at www.newh1.com/posting_options.html

Sincerely your
Webmaster
Newh1.com
 
I got laid-off on Nov-05-2008 from a top consulting company "X" and have salary slip till Nov-05-2008. Just to save my status immediately, i applied for H1 transfer thru a small Consulting company "A" on Nov-14-2008(9 days out of status) .I dont have any salary slip and planned to start a Project on Dec 1 2009 thru Company "A".

I got another offer from Big Consulting company "B" and planning to Transfer H1(Premium Processing) on Nov-22-2008, basis on the Company "X" Salary slip(Ending period Nov-05-2008).

What are the Risk involved in Transferring H1 to Company "B" ? What do you recommend, Should I stay with Company "A" and start the project(risky) on Dec-1 or can i Move to Company "B" for secure and better opportunities?

If INS doesnt attach I94(Due to out of status for few(9-10) days) then i may have to go out of USA and Stamped Visa, Visa stamping may be a problem incase of small company.

What is the best,legal and safe available option for me?
 
There is not much you can do. All you have to do is applying for H1 and wait for the outcome. The ball is in CIS' court.
Do it in premium processing for the quick result.
 
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