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Terminated H1B Employee

Terminated H1 B employee: H1 B transfer after termination

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Hello Everyone,

I am desperately looking for an advice on my case explained below.

1. I have valid H1B visa till May 2019. Unfortunately, My job has ended on 1st March 2017. I could not initiate H1B transfer before the lay off. My H1 B is being transferred to new employers on 18th April 2017 & 20th April 2017 consecutively. I am here in United States by taking the advantage of new grace period of 60 days. H1B transfer will be filed within this grace period. As you all know, Premium process is suspended starting 3rd April 2017 and new employers are filing in regular processing. My question is: Will I be able to work for new employer based on the receipt notice? If not, Do I stay in US until H1 B is approved(3-6 months for regular processing)

I am looking for your suggestion in my case and earliest response greatly appreciated.

Thank you,

H1 B terminated employee.

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One of these two things might happen if your H1 is approved.
1. You may get I94 in the I797 notice. This is the best situation to be in. No need to go for stamping. 
2. You may not get I94 and must need to leave the country ASAP as soon as you receive the approved I797 notice without I94 and should go for Consular Processing.

It also depends on how your attorney has filed your case. I think they may choose the option before filing if to request a new I94 or explain the circumstance of layoff and allow for continual of your stay.

It will be a tricky period for you but check with your attorney how they have filed the case so that you are aware of the outcome and can prepare accordingly

Good luck

PS  I am NOT an attorney and this isn't a legal advice. 

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I had a similar situation and my lawyer said, I could start working as soon as H1B is filed, even the FEDEX receipt would count but when I said i was not comfortable, I was told to wait until I received a receipt number. Please share your experiences.

Here is what I read in the recent (Jan 2017) AC21 ruling;

https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27540.pdf

Page 8/95

Section 105 of AC21, which added
what is now section 214(n) of the INA,
8 U.S.C. 1184(n),6 to allow an H–1B
nonimmigrant worker to begin
concurrent or new H–1B employment
upon the filing of a timely, nonfrivolous
H–1B petition;

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21 hours ago, aksaks said:

I had a similar situation and my lawyer said, I could start working as soon as H1B is filed, even the FEDEX receipt would count but when I said i was not comfortable, I was told to wait until I received a receipt number. Please share your experiences.

Here is what I read in the recent (Jan 2017) AC21 ruling;

https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27540.pdf

Page 8/95

Section 105 of AC21, which added
what is now section 214(n) of the INA,
8 U.S.C. 1184(n),6 to allow an H–1B
nonimmigrant worker to begin
concurrent or new H–1B employment
upon the filing of a timely, nonfrivolous
H–1B petition;

Hello Aksaks,

Thanks for your reply. 

May I ask your H1B is filed after your employment is terminated from your previous employer? If so, your lawyer said to commence the employment with the receipt notice? Please clarify. Am still confused with my situation.

I will look forward to hear back and your response is greatly appreciated.

Thanks a lot !

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