Transfer/status

[GC10-11 0]

In a layoff scenario, in order to be in H1B status, should a new company file the LCA by the last day in the present job or should the I-129 be filed by the last day?

Also, would I be eligible for a 3-year extension on the H1B extension by the new company based on an approved I-140 with my present company (assuming that they keep it pending)?

Thanks!

[pontevecchio 12]

1. YMMV.

2. Yes.

[GC10-11 0]

Thanks, Pontevecchio. YMMV, really? Could you shed some light, especially on how one could be in H1B status when only the LCA was filed on the last day and no other H1B petition has been filed/pending?

Thanks!

[pontevecchio 12]

The Officer will decide based on your situation and he may or may not grant an I94 depending on the credibility of your company. Given ethical comp[anies a day or two is not an automatic problem unless you are working for a person in a small room in NJ? Usually you would be fine. If not why fear a visa?