Layoff-H1 Transfter-Out Of Status-Premium Processing-Very Very Urgent!!!!

L

Layoffed

New Member
Hi,

I got laid of 15 th of April and as per my employer "A" my official last day in payroll is 15th.Now I got a new job and my employer 'B' is going to file my H1 transfer process via premium on 4th of May.As per the Immigration lawyear that I am currently "out of status" from 16th of April as I got laid off and she need to mention that while filing for H1 transfer through Premium,she has also mentioned that as I am "Out Of status" can only join employer "B" after i got the approval from USCIS(Fedex receipt wont work here).Now folks it will be immense help if you guys please answer few of my queries:

1) What's the possibility that INS will approve my h1 transfer?Will they usually give the new I94 or do I need to go aborad for new stamping?

2) Is it true that I can only join employer "B" after getting the approval as I am out of status?

3) Do I ask my employer "A" to give me an letter showing "Unpaid Leave" upto may 15th so that lawyear can show me "In status" and I can start working with FedEx receipt itself.Here I should mention that I have received my last payslip on 15 th of april and dint get anything on 30 th April.I am due to get severance package paylsip on May 15 th but it will mention as severance.

4) My wife also working here in US but she is in L1.Will showing that "Family" is in US and I need to be here anyway increase my chances of getting the H1 approval?

Its very very urgent as the employer gonna file it on this monday and ur suggestion is very highly appreciated.

Thanks,
Dee
 
Layoffed said:
Hi,

I got laid of 15 th of April and as per my employer "A" my official last day in payroll is 15th.Now I got a new job and my employer 'B' is going to file my H1 transfer process via premium on 4th of May.As per the Immigration lawyear that I am currently "out of status" from 16th of April as I got laid off and she need to mention that while filing for H1 transfer through Premium,she has also mentioned that as I am "Out Of status" can only join employer "B" after i got the approval from USCIS(Fedex receipt wont work here).Now folks it will be immense help if you guys please answer few of my queries:

1) What's the possibility that INS will approve my h1 transfer?Will they usually give the new I94 or do I need to go aborad for new stamping?

2) Is it true that I can only join employer "B" after getting the approval as I am out of status?

3) Do I ask my employer "A" to give me an letter showing "Unpaid Leave" upto may 15th so that lawyear can show me "In status" and I can start working with FedEx receipt itself.Here I should mention that I have received my last payslip on 15 th of april and dint get anything on 30 th April.I am due to get severance package paylsip on May 15 th but it will mention as severance.
---------------------- if Employer A has not revoked your H1 by writing to USCIS then do the above option 3 and inform lawyer

Its very very urgent as the employer gonna file it on this monday and ur suggestion is very highly appreciated.

Thanks,
Dee
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But can't I join Employer B with Fedex receipt itself..

Thanks a lot man..I will definitely try to get thet unpaid leave letter from Employer "A"..but what if they not ready to give that...Can't I then Employer B with Fedex receipt itself as I am "out of status"!!
 
There is no such thing in your case as "uinpaid leave". You were "unemployed due to layoff." Your employer will not likely LIE for you.
 
got it dude...so in that acenario whats the chance for me to get the h1B extension..and can I start working for employer B with fed ex reveipt only?
 
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