H1B - Transfer after Leaving Job

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sohan55

Registered Users (C)
Sorry for the repost: but this is very urgent :(

Can someone plz reply to my question -> once i leave my current job (on H1B), how much time do i get from the USCIS/ INS to find a new one on H1B.

I am aware that once I leave my job or get laid off, i would be out of status until i get a new job - but isn't there some grace period??? coz i don't know how long it will take for me to get a new job. :confused: :confused:

If it takes me 30 - 40 days to get a new job from the time I leave my original job, is that a problem??? Please reply ASAP as I am really tensed about this situation which is going to arive soon. Also there is a 60 day grace period, can someone pls explain how tht works??

Thanks :(
 
sohan55 said:
Sorry for the repost: but this is very urgent :(

Can someone plz reply to my question -> once i leave my current job (on H1B), how much time do i get from the USCIS/ INS to find a new one on H1B.

I am aware that once I leave my job or get laid off, i would be out of status until i get a new job - but isn't there some grace period??? coz i don't know how long it will take for me to get a new job. :confused: :confused:

If it takes me 30 - 40 days to get a new job from the time I leave my original job, is that a problem???

USCIS need two latest paystub from your previous job to get H1 ttransfered. By doing that USCIS checks your status.
If you are not able to provide these pay stubs your H1 may be approved (without I 94) but you can not start working for your new employer unless you go out of US and get your new visa and enter with new visa and get your I 94 card to bring back your status again.
Please reply ASAP as I am really tensed about this situation which is going to arive soon. Also there is a 60 day grace period, can someone pls explain how tht works??

Thanks :(
Click to expand...
 
sohan55 said:
Sorry for the repost: but this is very urgent :(

Can someone plz reply to my question -> once i leave my current job (on H1B), how much time do i get from the USCIS/ INS to find a new one on H1B.

I am aware that once I leave my job or get laid off, i would be out of status until i get a new job - but isn't there some grace period??? coz i don't know how long it will take for me to get a new job. :confused: :confused:

If it takes me 30 - 40 days to get a new job from the time I leave my original job, is that a problem??? Please reply ASAP as I am really tensed about this situation which is going to arive soon. Also there is a 60 day grace period, can someone pls explain how tht works??

Thanks :(
Click to expand...
To be safe find the new job, let the new employer file H1 transfer then leave the current employer
 
Re:

Hello Great_guru.
I am aware of this rule " You need to have last 2 paystubs of your previous employment to get your H1B transferred to new employer".

But i got confused with your reply. Can you please clarify with more details -
I understood that Sohan55 case would possibly get a H1B approval without I-94. But how come going out of USA (home country) getting a new visa stamped and getting a new I-94(possibly at port of entry) could get him a valid status. Sohan55 would still not have those 2 last paystubs? Please clarify.

Would Sohan55 not face trouble during his visa interview for getting his visa stamped. He would be asked by the VO to provide the recent pay stubs and he would not be able to provide that document. How could the VO @ any consulate issue him a new visa in that case. Assuming Sohan55 get through it @ port of entry he would be issued a new I-94. But how could these steps get him a valid status? Please clarify. :confused:

Thanks
ram
 
Last edited by a moderator:
ramsaiin said:
Hello Great_guru.
I am aware of this rule " You need to have last 2 paystubs of your previous employment to get your H1B transferred to new employer".
---------------- Valid I-94 and recent pay stubs
But i got confused with your reply. Can you please clarify with more details -


I understood that ginnu case would possibly get a H1B approval without I-94.
---- what is my CASE? I dont have any case pending or to be filed.


But how come going out of USA (home country) getting a new visa stamped and getting a new I-94(possibly at port of entry) could get him a valid status. He would still not have those 2 last paystubs? Please clarify.
--------------------- who does not have 2 latest pay stubs????
Would he not face trouble during his visa interview for getting his visa stamped.
-----------what do you mean by "HE"??????
He would be asked by the VO to provide the recent pay stubs and he would not be able to provide that document.
----------------what do you mean by "HE"??????

How could the VO @ any consulate issue him a new visa in that case. Assuming he get through it @ port of entry he would be issued a new I-94. But how could these steps get him a valid status? Please clarify. :confused:
------------- you are confused and when did Ginnu posted a question for his/her visa????
Thanks
ram
Click to expand...
 
re:

Sorry Ginnu.
I did not mean you in the question. Instead of mentioning the name of sohan55, i made a mistake by mentioning your name!...

i was reading the reply given by great_guru to sohan55 and all my doubts are concerned to that? So my questions are to great_guru about sohan55 case.

i hope it is clear now. Great guru could you please reply to my earlier questions.

ram.
 
Thanks for ur responses. I understand tht it would be best to continue with the current job but since the company is not doing well , i may be laid off any moment - i'm looking for a job but it is possible that i might get laid off before i get a new job.

In such a case wht is the best way to proceed. I have heard of a case where the person got laid off and was here for 2 months and then got a new employer to approve his H1 n started working for the new employer. I do not know any more details about this case.

can you guys pls reply on wht would happen if i lose my current job - and suppose i find a new job after 25-30 days?? will i have to go back to my home country???

thanks :(
 
ramsaiin said:
Sorry Ginnu.
I did not mean you in the question. Instead of mentioning the name of sohan55, i made a mistake by mentioning your name!...

i was reading the reply given by great_guru to sohan55 and all my doubts are concerned to that? So my questions are to great_guru about sohan55 case.

i hope it is clear now. Great guru could you please reply to my earlier questions.

ram.
Click to expand...
---Then why dont you delite the earlier post or edit it????
 
fab2000 said:
In such a case wht is the best way to proceed. I have heard of a case where the person got laid off and was here for 2 months and then got a new employer to approve his H1 n started working for the new employer. I do not know any more details about this case.

can you guys pls reply on wht would happen if i lose my current job - and suppose i find a new job after 25-30 days?? will i have to go back to my home country? (
Click to expand...
If you lose your job while on H1B, technically your H1B becomes invalid instantly and you are out of status. however in reality it is less harsh. My spouse was on a H1B and was laid off and they were able to find a new job within a month or so and they were able to transfer the H1B to the new employer. The key issue for a transfer is that you must provide recent pay stubs to the USCIS to prove that you are not out of status. So along as you have pay stubs that aren't too old, you should be okay for a H1B transfer.

The H1b transfer process is simply the same as applying for a new H1B, with few minor changes on the I-129 form. The other good thing is that in the case of a H1B transfer you can start work at your new employer as soon as USCIS receives your application. You do not have to wait until it is approved to start work.
 
Gunt, Thanks a lot for your reply. another question - how old should the paystubs be - i mean say i get a job and the new employer files my h1 on jan 15

- and i have pay stubs for dec 1 and nov 15 -> is that ok or is it going to be a problem in ur opinion :confused:
 
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?
 
H1 B Transfer in Process. can i quit my job

Hi,

I'm working for 'A' consultant company. I'm planning to switch to a different company, say 'B'.
My Question is: After resigning from A and joining B, if there is a gap of say 2-3 weeks, during which I wont be working. Although during that time, my H1B transfer would be in process.
- Would that throw me out of status?
- Am I always needed to be on Job, while on H1?

I'll be grateful if you any one could help me with this.

Regards
Chint001
 
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