H1b transfer after layoff

K

komal123

Registered Users (C)
Hi,

A friend of mine lost her job a few months ago. She was on H1b visa. So far her previous company did not revoke her H1B visa so she was thinking that she is in status. Now her previous employer is going to revoke her old H1b visa. She is thinking of getting a new H1b visa from some consultant who can file a new h1b transfer application. Will not offer any job, give her paystubs, some money but will take in form of personal check. Also she will not be offered any job but will be shown as on training.

Is it safe and legal?

Does it really work. A lot of immigrants that lost their jobs on H1b might be trying this route. What happens if such companies and such people are caught ?
 
The day someone on H1 loses his/her job he/she is out of status. This is true whether the employer files to revoke the H petition or not.
Your friend's trick to get another H1 thru a consultant without any real job offer is outright immigration fraud.

If caught they will get deported and possibly get prison terms.
 
Another related question is, whether someone becomes in-status and ready to work (who was laid off on old H1b) the date of filing new H1B or the date of its approval ?

Please let me know.
 
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