Fired but had accepted job offer transfer

[wondering]

Please let me know if you see any flaw in my logic.

 

1. I accepted a job offer with Company B.

 

2. Company A found out I did (!) and has given me a termination date.

 

3. Company B should start PP process, but barely enough time to maintain status.

 

4. I plan to file for COS to B2 in the meantime.

 

5. Once H1 transfer approved, I would cancel B2 petiition.

 

6. Unsure if H1 transfer would be approved with the potential short gap (covered by B2 filing).

 

7. The stamp I have is good for another year. I don't think I would need a new one just a i797?

 

I appreciate your feed back soon. Speaking to Company B lawyers tomorrow, they probably won't be happy to be rushed...

[jairichi]

Apply COS to B2 before your termination date.

[mj1947]

Hi,

I am a resident physician.My current employer filed an extension application for my H1b from july 1st -29th to complete my training.I will finish with residency and my status will expire on july 29.The approval on this extension is pending.In the meantime I was offered a fellowship position,and i signed that contract with the understanding that an H1b transfer should give me the advantage of portability.However this new employer acted crazy and said we cannot proceed with any work on new H1b transfer till there was an approval on existing h1 extension.So I sent for premium processing on existing H1b extension on jul 24th.But even if a decision comes soon before my status expires (in 3 days), the new employer still has to file LCA which takes 7 days, before h1b transfer application can be mailed in.So it is for sure that I will be out if status by the time my new employer gets ready to apply for H1b.It is also my understanding that since I will be out of status,the portBility advantGe is already lost.I will be asked to go back home to the consulate and get a stamp and new i 94 before starting new job.Thus I was coming to the decision for filing an H4 stat (my husband has valid h1b ) to protect myself from unlawful stay and avoid trip back home before starting job.

1.am I correct in my understanding so far?

2.could the new employer have started with existing pending extension application in the first place?

3.Is there a last action rule that will negate my existing extension application if i file an h4 now?

4.Is there any other way in which i can save my status?

5.can the new employer proceed once approval of existing extension comes thru premium processing (as they insist), inspite of anew H4 application that i will send,or should i ho premium on that as well?

6.I still hv to find out if this new employer is cap exempt..but suppose they are and they file for my H1b and premium processing,and all goes well,I could go from H4 back to H1 and start work after approval without any issues ?

Prompt advise requested as my status is about to end..

[pontevecchio]

I would strongly suggest that you make an appointment with the firm of Murthy by phone or any other firm and discuss your situation. As a doctor your H1 visa if needed is not a problem. If your I94 expired and an extension is filed the new employer is absolutely correct.

[makhanaka]

Please let me know if you see any flaw in my logic.

 

1. I accepted a job offer with Company B.

 

2. Company A found out I did (!) and has given me a termination date.

 

3. Company B should start PP process, but barely enough time to maintain status.

 

4. I plan to file for COS to B2 in the meantime.

 

5. Once H1 transfer approved, I would cancel B2 petiition.

 

6. Unsure if H1 transfer would be approved with the potential short gap (covered by B2 filing).

 

7. The stamp I have is good for another year. I don't think I would need a new one just a i797?

 

I appreciate your feed back soon. Speaking to Company B lawyers tomorrow, they probably won't be happy to be rushed...

 

Hi,

I hope everything went smoothly for you. Can you please post your experience or IM me?

 

Thanks.