Laid off, got new position, H1B transfer problem

pramod

New Member
Hi,

I got laid off while on H1B on 8/31/2010. Visa valid till end of Dec 2011.

Employer withdrew H1B and LCA on 9/23/10

Last paycheck (severance) for period ending 10/2/2010 was received

Got new job and employer is planning to apply for transfer immediately.

There will be a gap of 41 days between the jobs.

I have few questions about this

1. Will there be a problem in getting the visa transferred?

2. Do I have to apply for a new H1-B to avoid getting transfer approved? Will I have to go abroad to get my visa stamped.

I would appreciate if you would please help me out.
 
Yes, you will likely have problems. You are outr of status and need to be in status for a transfer to be approved.

If the new petition is approved, you will have to go for consular processing - or at least reenter the US with a new approval notice.

Your out of status time will affect future immigration processing as you have failed to comply with the terms of the H1B program.
 
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