Gap between H1 transfer.

[sumit9881@gmail.com]

I was terminated from my job on Dec 22 nd. But my employer had not informed to INS. they have informed to INS just 2 days back. My last pay stub is of Dec 22nd. I have a question. What if someone files my LCA on 21 of this month. WIll my H1 be approved in this case?

Regards,

Sumit

[Attorney_22]

Generally, it is the discretion of the officer to grant an extension of status. However, technically, one cannot obtain an extension of status when one is not in status. Therefore, it is likely that an H1B petition requesting an extension may be approved regarding the H1B employment and denied regarding the extension. Thus, it is advisable to speak directly with a qualified U.S. immigration attorney when deciding how to file a new H1B petition. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys

[Chitown01]

You are out of status since your last day at work. It doesn't matter when your employer notified uscis, since their would have mentioned that your last day was dec 22nd. So when a new employer files for your h1, uscis is very likely to send an REF asking YOU to prove that you were in status from Dec 22nd till date i.e submit pay stubs, if you don't have those pay stubs they can still approve the petition and deny extension of stay, i.e you will have to go for stamping again and come back.

As Attorney 22 pointed out it is the discretion of the officer to approve and grant EOS, usually officers do consider a couple of days gap ( most acceptable would be 10 days.. if someone is lucky) in your case, it has been over a month so it is highly unlikely that you will receive EOS. Also, a lot depends on the credibility of new employer and employment, if it is a consulting job with multiple layers in between, then good luck having h1 petition approved.