H1B LayOff

[Vajs]

Hi,

 

I have a situation where I my last date of employment with Company A is on 31 May, however, I have an offer from another employer who will be filing a H1 transfer petition either in June 1st week or at the latest in the 2nd week. Will this affect my H1 status and transfer petition approval ( will i be out of status since I will not be employed between Jun1 onwards till the new employer gets a filing receipt). If so, what can I do to avoid it? Please advice.

 

Thanks!

[pontevecchio]

Based on the credibility of the companies involved, they may use their discretion and ignore the gap and approve the H1 with an I94. If they approve the petition without an I94 you will need to leave and return on the H1 visa.

[Vajs]

Hi Pontevecchio,

Thank you for the response! I was a full time employee with Company A and moving as a full time employee to Company B which will be filing for my transfer in the next week or so. There are no Vendors/Consultants involved. 

Also, what is a approval with I94? My current I94 is valid till 2017, will they amend this while approving my H1 transfer?

[pontevecchio]

If they approve the transfer by ignoring a few days out of status your H1 approval will have an I94. If no I94, you will need to leave and return with the H1 visa and the H1 approval. Your current I94 will be no longer relevant.

[JoeF]

The H1 approval notice would have a new I-94 at the bottom if they ignore the gap, and no I-94 if they don't.

Your old I-94 essentially becomes invalid when you leave the old employer.