NewUser105 Posted August 27, 2017 Report Posted August 27, 2017 Hi, I was laid off by my Employer A on June 16. As per the new rule, I believe we do have 60 days to find a new employer in case of a layoff. I found a direct hire position (Employer B) during the 1st week of August and my H1-B Change of Employer petition was being worked on then. My petition was filed as a Change of Employer petition with Consular Notification and it was eventually sent to the USCIS on the 61st day (after my layoff) on August 17. The attorney of Employer B has suggested that I leave US before my petition is approved. The reason given to me for a Consular notification processing was the gap in pay stubs that I had which is exactly 2 months. 1. What are the possibilities of an approval considering it is a consular processing (consular notification) and also considering the fact that we get 60 days of grace period on a layoff? 2. Is the 60 days gap in pay stubs going to be a problem in my case? 3. Do I really need to leave US now or should I be waiting for the approval (though my attorney doesn't suggest the later but need suggestions)? 4. Anyone know of/had any experience similar to this and the outcomes? 5. The attorney told me that with consular notification, it takes little less processing time. What is the rough timeline I should be seeing as a wait time? I would really appreciate some quick suggestions and help on this. Thanks.
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