H1B visa transfer to a consultant - Need urgent info and help

apipi

New Member
Hi, I was on H1B visa sponsored by a financial firm and I got laid off last month and my last day on payroll was 31st March, 2009. My company lawyer has not sent the revocation letter to USCIS for now, but they will do it soon, maybe in next 2 weeks. My last day on payroll was March 31, but I will receive a lump-sum pay for my severance on April 14th. Now I am completely aware that "Legally" and "Technically" speaking, I am out of status starting April 1st, but I am seeking some really "Practical" advise here like most of the other posters on this forum who have faced similar situation. So can you helpful people please help me out in getting some practical answers as to what are my options.

I am looking to transfer my visa to a consulting firm. I have contacted few consulting firms, and out of them, one firm told me that there was a new law passed in Feb 2009 which states that in order for a consulting firm to hire someone on H1B as a consultant, they have to furnish the details of the project that the hired person will be place on. So the consulting firm told me that if I have a project, then there will be no issues, or if they can find me a project, then also there will be no issues.. but otherwise if they file for the H1B transfer to their firm without any project then it will most likely be rejected by USCIS. But the other consultant that I spoke to didn't mention anything like this to me.. he said that he will file my H1B transfer and I will have to pay the H1B visa cost to him.. So I want to know if is is true that there is such a law passed by USCIS regarding having a project before hiring someone on H1B as a consultant? Again, I am seeking a very "practical" advise and will appreciate any sort of help

I also was told by the consulting firm that I have until end of April to find a project and they will be able to transfer my visa without any troubles.. so I want to know that is the practically possible? As I mentioned, my last pay stub was on March 31st, but I will get a pay on April 14th as well which will be my severance pay, and infact I will also get a very small pay amount on May 1st from my company as a remaining portion of my severance and for my unused vacation days.. so can I use those pays on April 14 and May 1st as pay stubs and can file for H1b transfer to consultant even w/o a project?

I really hope to receive a practical advise in this case as I am really confused and tensed about what to do
 
I believe this is true. I got laid off on March 31, 2009 and got severance payment on April 14, 2009. I found a project and then joined a consulting company.

Can you tell me the name of your consulting company and their location? I may be able to advise further based on the credibility of the consultant.

Thanks.
 
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