Urgent, H1b transfer problem

[ssg10]

Hello.

I have H1b since march 2003 (received I797a) and my visa before that was under F1. I do not have a H1b visa stamp on my passport, only I797A. I haven't gone back to my home country since 2000, and I still have valid F1 visa stamp until 2005.

Recently, I was laid off by the company who sponsored me H1b on July 23, 2004. Now, I have a job offer which is on Oct 1. Almost 2 months and a few days after the layoff. The company who wants to hire me is telling me that I am out of status and in order to transfer the H1b, I have to go back to home country and process it from there. I found that it is not so logical.
1. I notice the purpose of visa stamp is for re-entry, not just for legal status. is this correct?
2. What is the best way to transfer the H1b in my situation? I am sure my previous company did not send any letter to the immigration about the layoff.
3. Is there any grace period after the layoff that I have to leave the country? How about if I find another job within 3 months?
3. Any comments? I really want the job and hopefully someone can help me out.

 

[great guru]

Do it now

If you are able to produce last 2 pay stubs to INS if they ask, then you can transfer your H1 to new employer. More you delay it, more problem. (Last 2 paystubs from the date you apply for H1 transfer).

 

[nidhuakash]

transfer of H1B after 4 motnh on bench without pay.

If you are able to produce last 2 pay stubs to INS if they ask, then you can transfer your H1 to new employer. More you delay it, more problem. (Last 2 paystubs from the date you apply for H1 transfer).

Same is my case as i ahve been laid off for last 3 months. I have another company ready to transfer my h1B. i have no paystubs for last 3 months. Please adivse that should i return back to india and wait for transfer or file application here and wait for their reply. As if i leave for india then at indian embassy might ask for the old paystubs which i donto have. Also note that my previous employer just paid cash to maintain my living. Till now after 4months of work i have received no pay check and payslips.
if another company files as new h1B then will it be effected by my old records of non payment.
please let me know as it is going to be my 4 month of stay after leaving job. Also till now the old employer has not given in writing that i have resigned and i cannot sue him for payslips as he is my own brother.

 

[ssg10]

Hi

Hi. Thanks for the answer. I am still waiting if any other gurus can give their opinions regarding my problem.

I feel bad about your situation too that you've been out of work for 3 months. Sometimes I wonder why people like us deserve this, we paid taxes and helped the economy, while many people with no education and work experience got greencards easily from lottery. They even assign high quota for countries like iran , iraq, nigeria. Don't make sense. They should start requiring bachelor's degree as minimum.

 

[great guru]

No problem

Same is my case as i ahve been laid off for last 3 months. I have another company ready to transfer my h1B. i have no paystubs for last 3 months. Please adivse that should i return back to india and wait for transfer or file application here and wait for their reply. As if i leave for india then at indian embassy might ask for the old paystubs which i donto have. Also note that my previous employer just paid cash to maintain my living. Till now after 4months of work i have received no pay check and payslips.
if another company files as new h1B then will it be effected by my old records of non payment.
please let me know as it is going to be my 4 month of stay after leaving job. Also till now the old employer has not given in writing that i have resigned and i cannot sue him for payslips as he is my own brother.

If he his yur own brother get pay stub and pay the tax alone for H1 b transfer. He will do it.

 

[nidhuakash]

urgent help

If he his yur own brother get pay stub and pay the tax alone for H1 b transfer. He will do it.

Thanks for reply but please note that although he is my brother but he is not co-operating at all that's why i asked for help otherwise things were very easy just to deposit tax and be IN STATUS. Only good thing he has done is that given us time to leave US.