HI-B laid off

S

sadeeplendl

New Member
Hi,

I got laid off on sept28,2006 and my employer has informed the lawyer on the same day. Do you know how many days I have before I can transfer my H1-B with another employer?

Thanks
 
There isn't really any set number of grace days that you have to transfer to another employer.
The key thing about a transfer is that the USCIS needs to believe that you are still working at the old employer at the time when the transfer petition is submitted because you need to be in legal status in order to transfer or change status. There are a couple of factors that influence whether you can do the transfer.
1. if your old employer tells USCIS that you are no longer working for them, then you H1 is invalid and you are not able to transfer it. In fact you had better leave the US very quickly if this happens since you will be out of status.
2. you will have to provide a recent pay stub to USCIS when you try to transfer the H1, if the stub isn't within about 1 month of the petition date, USCIS probably won't consider it recent and will question whether you are still employed with the old employer. This means that they will think you are out of status and thus unable to transfer or change status.

If your job hunt isn't looking promising, you might want to switch to a B-1 visitor visa so that you can stay in legal status. However, given that H1-Bs are so backlogged, it might be very hard to switch back to H1 even if you do find a job.

If you do find a job quickly, one of the nice things about an H1 transfer is that you can start working at the new employer the day after USCIS receives your I-129 petition. You do not have to wait for it to be approved.
 
One thing most folks do when they cannot convince the company not to inform USCIS or do not find a job in one month is to a find a consulting company and file a H1B immediately. However, you might need to find a project soon to get onto their payroll, but you should still be legal as long as you are with that company.
 
I am sorry to hear about this. Your first and foremost priority is to find another sponsor. There is no defined number of days. Your H1 is invalid the day of your termination. However USCIS gives 30 days for you to get transferred. The 30 day or 1 month figure is not declared by USCIS but a time frame looked at from Pay Stub perspective.

I have gone through this experience and in general if you find an H1 transfer request with in a month, you should be ok.

However if you go beyond this time and say get an H1 transfer filed after 1 month of lay off, USCIS may still approve of transfer but can ask you to leave the country and renter it. So do not loose hope and find a H1 transfer quickly.

Good Luck

sadeeplendl said:
Hi,

I got laid off on sept28,2006 and my employer has informed the lawyer on the same day. Do you know how many days I have before I can transfer my H1-B with another employer?

Thanks
Click to expand...
 
Please suggest

Guys please suggest me what to do?

There is clear indication that 31-Oct-06 would be last day for me in my present company. Since I knew this was coming I approached Company B for job and they are filing my H1 transfer on 30-oct or 31-Oct. Now what complications would I have to face in this case. Will my status be safe enough for transfer.

Please respond.

Thanks
 
Hi Please suggest me

I came to US on H1 from company A. But they are not paying me from last 3 months. Now I have got a job in company B. Is it possible for me to get my visa transferred without the paystubs? Is it possible for me to reenter US, and get the visa transferred by any chance?
 
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?
 
Laid off on approved 140 and 3 years of H1 extension

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I am laid off just few days ago with two months of severance package. I am on my seventh year of H1B. I received I140 approval and 3 years of H1 extension based on I140 approval few months ago.

The question I have are,

1) Even if I find a temporary employer to transfer my H1 based upon my 3 years h1 extension, what would happen to my priority date?

2) Would the temporary employer have to file for my PERM and I140 immediately for the 3 year H1B extension to be valid? or can I get both(PERM and I140) filed with other employer later but within 3 year time period?

Please any help!!!
 
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