voodoo_chile
New Member
All,
I am currently on an L-1 visa. My employer applied for a transfer from L-1 to H-1b on April 1, 2009. On April 6, 2009 I got laid off. I am serving a working notice period of 90 days for which I will be getting pay stubs (although I'm not sure yet if the stubs will specifically say severance pay). My last working day will be July 6. My employer has agreed to let my H1-b application be in process.
Here are my questions -
1. It appears that the H1-b approval will come through as there seem to be much fewer applications this year. However, since I will not be employed at my current firm till Oct. 1, I understand that the H1-b will not be issued. If I find another employer post Oct. 1, can the H1-b (which would have been approved but not issued) be transferred and then issued? Essentially, would I be able to legally work in the US for another firm on this H1.
2. If I go on an F-1 to maintain status post July 6, does that automatically invalidate my H1-application. Also, if I then want to go on an H1-b from the F-1, do I need to go through the whole April 1/lottery process again next year?
3. I have a B1/B2 visa as well (10 year multiple entry). When I was issued my L-1, the B1/B2 was not explicitly cancelled i.e. there is no "cancelled without prejudice" stamp on my B1/B2 visa. So, in case I go back to India on July 6 and decide to come back on say July 15, will I need a new B2 visa? Also, how long can I then stay in the US on the existing B1/B2 (or the new B2 if that's the case)? What is the likelihood of the B2 being denied?
4. My current firm is a TARP recipient. Will I be able to transfer my H1-b (assuming it is issued) to another firm which is a TARP recipient, or will I specifically need to find my new job with a non-TARP recipient firm.
I would appreciate if anyone could help with any/all of these questions.
Thanks
RC
I am currently on an L-1 visa. My employer applied for a transfer from L-1 to H-1b on April 1, 2009. On April 6, 2009 I got laid off. I am serving a working notice period of 90 days for which I will be getting pay stubs (although I'm not sure yet if the stubs will specifically say severance pay). My last working day will be July 6. My employer has agreed to let my H1-b application be in process.
Here are my questions -
1. It appears that the H1-b approval will come through as there seem to be much fewer applications this year. However, since I will not be employed at my current firm till Oct. 1, I understand that the H1-b will not be issued. If I find another employer post Oct. 1, can the H1-b (which would have been approved but not issued) be transferred and then issued? Essentially, would I be able to legally work in the US for another firm on this H1.
2. If I go on an F-1 to maintain status post July 6, does that automatically invalidate my H1-application. Also, if I then want to go on an H1-b from the F-1, do I need to go through the whole April 1/lottery process again next year?
3. I have a B1/B2 visa as well (10 year multiple entry). When I was issued my L-1, the B1/B2 was not explicitly cancelled i.e. there is no "cancelled without prejudice" stamp on my B1/B2 visa. So, in case I go back to India on July 6 and decide to come back on say July 15, will I need a new B2 visa? Also, how long can I then stay in the US on the existing B1/B2 (or the new B2 if that's the case)? What is the likelihood of the B2 being denied?
4. My current firm is a TARP recipient. Will I be able to transfer my H1-b (assuming it is issued) to another firm which is a TARP recipient, or will I specifically need to find my new job with a non-TARP recipient firm.
I would appreciate if anyone could help with any/all of these questions.
Thanks
RC