H1 transfer, Lost a job

[uavachat]

I have lost my job today due to company's financial situation. I would very much appreciate your quick response and suggestions as I am in panic situation

I have following questions,

1. How long I can stay in US till I find next job?

2. What is time period before I should get a new job and file for H1 transfer so that I don't have to leave this country?

3. I have PERM and I140 approved from my previous employer before I joined this employer who laid me off. My 6 year period of H1 is getting over in Sept 2012. Can I use my approved I140 from previous employer to get 3 year extension for H1 transfer that will be filed with next employer?

Thanks alot for your help.

[pontevecchio]

why are you not going back to the GC sponsor?

Yes. Based on approved I-140 you can get 3 year extensions of H1 with any employer.

[uavachat]

Thanks much for the reply. MY GC sponsor company is not hiring, so can not go back.

Another question I have: My pay roll is stopped now because my employment is ternimated. I'm not sure when I will get a next job. If there is any gap in between(out of status), does it affect filing 3 year extension with next employer with I140 approved from previous employer? How much gap period is fine?

Also, please comment on how much time I can stay in this country and if I get new job and they do h1 transfer, do i need to go out of country to join a new job?

You reply is very much appreciated. Thanks

[Attorney_20]

uavachat,

Based on your description, you are out of status as of the date your current H1B employer terminated your employment. They will probably notify USCIS of their termination of your employment. In order to extend or change your nonimmigrant status, you must currently be in nonimmigrant status. Therefore, if you find a new employer to file a new petition for you, USCIS may approve the H1B petition, but they will probably not approve the extension of status request. That means you may get an I-797 Approval Notice based on your ability to extend beyond the 6 year limit, but there will probably not be an I-94 card attached to it and you may have to travel abroad to obtain another visa before you can be readmitted in H1B status.

You should also know that, in order to adjust status, you need to "maintain continuously a lawful status" since your last entry into the U.S. Also keep in mind that, as a general rule, your green card employer needs to have the intent to permanently employ you in the proffered position at the time the I-485 is adjudicated.

You and your prospective employer should discuss your plans with an experienced immigration attorney before proceeding.

[uavachat]

Hi Attorney_20,

Thanks alot for your answers.

Employer who laid me off has said that they are not going to convey it to USCIS immediately. If USCIS doesn't know(if I find a job in next couple of weeks, then I can show most recent pay stubs for visa application) then In that case, if I transfer my H1 to next employer, can I get I-94 card? ( I have current H1 stamped till Sept 2012, can I use it to reenter in US in this case?)

Another question on extending H1 beyond 6 years: Does out of status period affect in any way USCIS decision to give me H1 for next 3 years(based on approved PERM, I140 from earlier employer)?

And also, same question for GC, if i file GC with my next employer, does this out of status period affect on getting my GC approval?

Your help and answers are highly appreciated. Thanks alot.