rajkumar.t08 Posted February 26, 2015 Report Share Posted February 26, 2015 Hi, I am on h1 my employer will do a lay off. My current employer will run payroll till feb 28th. Within how many days do I need to change to new employer. Link to comment
jairichi Posted February 27, 2015 Report Share Posted February 27, 2015 Before your last day of layoff you need to apply for a COS or cap exempt H1B petition with USCIS. Link to comment
rajkumar.t08 Posted February 27, 2015 Author Report Share Posted February 27, 2015 @jairichi is that to be applied through an employer or by me. Link to comment
JoeF Posted March 2, 2015 Report Share Posted March 2, 2015 @jairichi is that to be applied through an employer or by me. An H1 transfer would have to be applied by a new employer. If you don't have a new employer yet at the time of layoff, file a COS yourself to some other status, e.g., B2 (or H4 if you are married and your spouse is in H1 status.) Link to comment
wiweq Posted March 2, 2015 Report Share Posted March 2, 2015 On H1b you have 0 grace period. From the very next day of layoff you are out of status. On the day of layoff COS to other status of leave the US. Link to comment
rajkumar.t08 Posted March 3, 2015 Author Report Share Posted March 3, 2015 @joef @wiweq thanks for your reply if the previous employers dont report to uscis will i be on safer side Link to comment
JoeF Posted March 4, 2015 Report Share Posted March 4, 2015 @joef @wiweq thanks for your reply if the previous employers dont report to uscis will i be on safer side That is completely irrelevant! You need to ignore these rumors! They are NOT true! You are out of status from the day of layoff. No but or if. You are NOT on the safe side if you don't file a COS to some other status, or have a new employer who has filed an H1. Link to comment
jairichi Posted March 4, 2015 Report Share Posted March 4, 2015 @joef @wiweq thanks for your reply if the previous employers dont report to uscis will i be on safer side Nope. Last day of work = day of being out of status whether employer reports to USCIS or not. Link to comment
wiweq Posted March 4, 2015 Report Share Posted March 4, 2015 @joef @wiweq thanks for your reply if the previous employers dont report to uscis will i be on safer side Your out of status days starts from the date or termination i.e. when the employee-employer relationship breaks. Its up to your employer if they revoke your H1b or not. It doesn't affect your out of status days. Link to comment
rahul412 Posted March 4, 2015 Report Share Posted March 4, 2015 It doesn't matter whether its reported to USCIS or not. What matters is whether you have a job or not. Link to comment
rajkumar.t08 Posted March 4, 2015 Author Report Share Posted March 4, 2015 @rahul412 @wiweq thanks for your reply...guys with my employer A current job got over on feb 28th and new employer B filed my LCA on March 2nd so still I get my H1 transfer receipt will I be out of status....will I be able to get receipt or I will be in trouble....please help me out Link to comment
rahul412 Posted March 4, 2015 Report Share Posted March 4, 2015 @rahul412 @wiweq thanks for your reply...guys with my employer A current job got over on feb 28th and new employer B filed my LCA on March 2nd so still I get my H1 transfer receipt will I be out of status....will I be able to get receipt or I will be in trouble....please help me out I think you are safe. Link to comment
wiweq Posted March 4, 2015 Report Share Posted March 4, 2015 Technically you are out of status from the last date of the job to receipt of new H1b petition. Its up to USCIS how they take it, its on their discretion. Link to comment
rajkumar.t08 Posted March 5, 2015 Author Report Share Posted March 5, 2015 @wiweq is there anyway to save myself from the current situation. Link to comment
jairichi Posted March 5, 2015 Report Share Posted March 5, 2015 @wiweq is there anyway to save myself from the current situation. A week might not be an issue. You might get an I797 without an I94. In that case exit and enter US with a valid H1B visa and new I797. Link to comment
rahul412 Posted March 5, 2015 Report Share Posted March 5, 2015 @wiweq is there anyway to save myself from the current situation. Couple of days is not a big deal. Don't worry. Link to comment
wiweq Posted March 6, 2015 Report Share Posted March 6, 2015 @wiweq is there anyway to save myself from the current situation. As others said, a couple of days shouldn't matter, specially when those are weekend days. You laid off on Friday, and new company filed H1b on Monday. USCIS shouldn't have problem with this. Link to comment
rajkumar.t08 Posted March 8, 2015 Author Report Share Posted March 8, 2015 @jairichi @rahul412 @wiweqthanks for your reply...lay of was on feb 28th and new employer did lca file on 3rd march...still waiting for lca approve after that only they will file h1 transfer :( ....will i be still on safer side... Link to comment
jairichi Posted March 9, 2015 Report Share Posted March 9, 2015 @jairichi @rahul412 @wiweqthanks for your reply...lay of was on feb 28th and new employer did lca file on 3rd march...still waiting for lca approve after that only they will file h1 transfer :( ....will i be still on safer side... You are out of status from 1st March till a receipt notice for H1B petition was generated by USCIS. LCA filing date does not matter here. You might get a H1B petition approved without I94. Link to comment
rajkumar.t08 Posted March 9, 2015 Author Report Share Posted March 9, 2015 @jairichi thanks for your reply Link to comment
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