H1B transfer under a pending H1B transfer

[NeNiRa]

Hi,
I got my H1 approved in October 2006 but my employer could not find a project for me. So, I was not paid. In the meanwhile, i found a new job in October 2007 and my employer cooperated to release me. He provided me with a paystub and an employment letter. My H1 transfer has been filed but not yet approved. The attorney of the new company said that I can start working for the new company after getting the EAC number. So, I started working for the new company after getting the EAC number.

Now, there is a chance that i might get laid-off by this new company any time due to the reason best known to them.

So, the question i have is -- can i go back to my old employer? can i search for a new job? If I find a new job, can i apply for a new H1-transfer before the current H1-transfer is approved?

If i am laid off, how long before I am considered out-of-status? Is my current employer required by law to pay me until I find a new job?

Any sort of information provided would be of great help.
thanks,
NeNiRa.

 

[EricS]

<<So, the question i have is -- can i go back to my old employer?>>
Yes, it works but not a sure shot thing. People have done so. Make sure previous employer has not canceled the H1.

<< can i search for a new job? If I find a new job, can i apply for a new H1-transfer before the current H1-transfer is approved?>>
You can find a new job, but I have seen 2nd transfer request being denied when first one is pending. So it is better to upgrade the pending transfer to premium processing and get done with it.

<<If i am laid off, how long before I am considered out-of-status?>>
You are considered out of status from the same day, but usually if one finds a job in reasonable amount of time ( one month or so), the H1 transfer works.

<<Is my current employer required by law to pay me until I find a new job?>>
No, your employer is liable to pay the return airfair to your home country, nothing else.