Laid off worker in H1 Quota

M

mverma27

New Member
If someone is laid off while in H-1B status, I understand he is immediately out of Status?

However, if that person finds another H1 job say in couple of months while his H1 Visa is not expired, does that person fall under the H1 Quota or not for that year?

Will the new H1 petition be considered a fresh petition or a transfer?
 
It would be considered as transfer.

mverma27 said:
If someone is laid off while in H-1B status, I understand he is immediately out of Status?

However, if that person finds another H1 job say in couple of months while his H1 Visa is not expired, does that person fall under the H1 Quota or not for that year?

Will the new H1 petition be considered a fresh petition or a transfer?
Click to expand...
 
another_fella said:
It would be considered as transfer.
Click to expand...

technically it will be a new H1 which is quota exempt. You cannot start working upon the approval of this new visa, as you would not get a new i-94 attached with the new approval (considering the fact that you would be out of status).
 
In a situation like this, you're better off working with a consulting company.

To find out more about various consuling compnies, go to rahasiam.com

mukesh
 
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?
 
You must log in or register to reply here.
Top