Ravi Cho Posted October 12, 2016 Report Posted October 12, 2016 I am currently on H1B on a full time employment. My employer is laying me off and my end date with them is 31 Oct 2016 (I will get my last pay check with them on 31 Oct). In the meanwhile I have a got an offer from another employer who have started my H1 transfer process in premium processing but they might not be able to submit my H1 petition with USCIS before 31 October'16. My current employer has confirmed that they will not revoke my current H1 immediately and will keep it active for 2-3 weeks more after my exit with them. In this case will I go out of status the day after my last day with my current employer ? Should I try to push my new employer to file for my H1 transfer before my 31 October ? What is the alternative option for me in this case ? Please let me know if there is something else I can consider so that I do not go out of status.
pontevecchio Posted October 12, 2016 Report Posted October 12, 2016 Revocation has nothing to do with you. They may overlook a few days and give you an I94 with approval or they may approve the H1 without I94 in which case leave and return with the H1 visa. Technically you are out of status once laid off. That should not affect you unduly.
JoeF Posted October 12, 2016 Report Posted October 12, 2016 H1 revocation is irrelevant for you. You are out of status from the day of layoff.
mounteverest Posted October 18, 2016 Report Posted October 18, 2016 USCIS does make exceptions with up to 30 days of gap between employment. There are 100s of such examples.
JoeF Posted October 19, 2016 Report Posted October 19, 2016 4 hours ago, mounteverest said: USCIS does make exceptions with up to 30 days of gap between employment. There are 100s of such examples. Examiners *may* excuse a few days of being out of status. 30 days would really be stretching it. And there is no guarantee.
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