layman Posted January 22, 2012 Report Share Posted January 22, 2012 I was laid off from company A on Jan 3rd 2012. My last payslip is dated Jan 3rd 2012. I now have two companies B and C willing to transfer my H1B visa to their name. First, is it possible for both companies B and C to apply for my visa transfer simultaneously ? Company B is in the process of getting my LCA approved and they will probably get my LCA approval by Monday Jan 23rd while I haven't accepted the offer from company C. Second, Can Company C apply for a visa transfer in the first place since I don't have a payslip for Jan 20th ? Link to comment
Attorney_10 Posted January 22, 2012 Report Share Posted January 22, 2012 Generally, it is permissible for more than one company to sponsor the same individual for an H1B petition; however, the H1B beneficiary will need to decide which employer to work for once the petition/s are approved. In order to change H1B employers in the U.S. the H1B beneficiary must be maintaining valid H1B status. Once a beneficiary is laid off, s/he is no longer maintaining status and is ineligible to change employers in the U.S. Instead, s/he would need to apply for consular processing. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and to determine the options available to you to change employer. Link to comment
layman Posted January 22, 2012 Author Report Share Posted January 22, 2012 Thanks for the reply. I would like to get an appointment over the phone tomorrow. Would it be possible for someone at the Murthy law firm to give me an appointment tomorrow considering that the urgency of this situation ? Link to comment
layman Posted January 22, 2012 Author Report Share Posted January 22, 2012 When does a layoff become "official" ? Although I was told over the phone that I was laid off on the 3rd, I don't know if the company has informed the USCIS yet but I think they didn't. Would I be wrong in assuming that I'm in status until they inform the USCIS ? Link to comment
Chitown01 Posted January 22, 2012 Report Share Posted January 22, 2012 First, is it possible for both companies B and C to apply for my visa transfer simultaneously ? Yes Second, Can Company C apply for a visa transfer in the first place since I don't have a payslip for Jan 20th ? Yes uscis may ask for your recent paystubs, and if they are missing they will approve the petition and deny exxtension of stay....in that case you will have to go back to india for stamping and return with new visa stamp Link to comment
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