H1B terminated and now transfering to different company

[makhanaka]

Hi,

 

My situation is that my H1b employment was terminated as on 8th Aug (last pay date). I have however found another employer to transfer H1b. While it takes 2-3 weeks from now to file for the transfer I learnt from different forums I am OOS. What are my options here in dealing with this situation?

 

Option A

 Should I go out of country while my transfer is applied? Once I hear back should I re enter?

 Do I need new stamping to re enter (i-94 is valid till 2015) ?

 

Option B

Continue to stay in the country and hope USCIS ignores those few days I am accumulating till the date of receipt of H1 filing? May be even file for B2 during this period?

 

Thanks.

[jairichi]

Stay in US and you will get an RFE for latest pay stubs. Since you cannot provide that you will get I797 without I94. Exit and enter US with a valid H1B visa and I797 to get new I94.

[makhanaka]

Stay in US and you will get an RFE for latest pay stubs. Since you cannot provide that you will get I797 without I94. Exit and enter US with a valid H1B visa and I797 to get new I94.

 

1) New H1B can be filed as COS?

2) How will I/Attorney respond to RFE?

3) I can go to neighboring country (Canada or Mexico) to get the new I94, no new stamping needed? I do have valid I94.

4) My out of status days will be counted starting from 9th Aug till the date of filing accept? How will that affect my GC process in future?

 

Thanks.

[jairichi]

1. There is no change of status in your case.

2. Response will be you do not have one.

3. If you have valid H1B visa you can go to Mexico and enter with new I797 to get new I94.

4. Till the date petition is filed. Should be fine.

[kumar.kv]

You should get some relief by reading this.

 

Though no guarantees, USCIS usually ignores a few weeks of unemployment. I was out of status for 5 weeks last year and my h1b got successfully transferred, extension of stay approved, NO RFE. My old petition was already revoked 3 weeks before the transfer petition was filed.

 

So if i were you, I'd just stay put in USA, wait till a decision is made. Worst case scenario would be they would approve your petition but would deny your extension of stay, and in that case you just have to leave USA and come back for a new 1-94.

I am assuming you have a valid stamp.

 

All the best. Please let us all know what happens.