I will be laid off from company A on 25th february 2005. I currently have an offer from company B and they are just now in the process of sending me offer which i have to sign and send them all the paperwork for H-1b transfer.
I am not sure if they can submit all the paperwork for H1b transfer by end of feb, which is my lay off date.
Lets say they submit transfer papers 5 days after I get laid off and INS receives them via premium processing within 3 days.
Law says although am i lawfully present under H1b status i have not maintained my lawful presence (by 10 days).
Realistically, from your guys experience what are the chances of INS approving H1b transfer for company B. do you think they will look hard on those 10 days. I realize in theory 1 day makes it unlawful, but in practice what is the case? 4 months will obviously make a huge difference in reviewers decision, 10 freaking days?
Another question: what if ask my employer to give me unpaid leave after end of feb. will that buy me time or i still have to have pay stubs for that time. I guess it also matter when the employer actually calls INS to report i have been laid off. If the employer waits few days, does it buy me time?
THANK YOU! any help is appreciated!
I am not sure if they can submit all the paperwork for H1b transfer by end of feb, which is my lay off date.
Lets say they submit transfer papers 5 days after I get laid off and INS receives them via premium processing within 3 days.
Law says although am i lawfully present under H1b status i have not maintained my lawful presence (by 10 days).
Realistically, from your guys experience what are the chances of INS approving H1b transfer for company B. do you think they will look hard on those 10 days. I realize in theory 1 day makes it unlawful, but in practice what is the case? 4 months will obviously make a huge difference in reviewers decision, 10 freaking days?
Another question: what if ask my employer to give me unpaid leave after end of feb. will that buy me time or i still have to have pay stubs for that time. I guess it also matter when the employer actually calls INS to report i have been laid off. If the employer waits few days, does it buy me time?
THANK YOU! any help is appreciated!