Laid off on H-1 Transfer


viks79

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My case is pending in initial review stage with USCIS and have been laid off today. Could you tell how does it affect the outcome of H-1B application?

Also, if the employer doesnt withdraw or inform USCIS, will the process with USCIS go normal?

Finally, now that I am job-hunting, can this affect my new application for H-1B with new employer ?

Please advise !

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  • 1 month later...

I eventually got a FT offer and the company is filing for H1 papers. I have one pay stub missing for period of Aug1-15. The lawyers have advised me to file for premium option.

I have two questions :

1. First, does the premium option take such circumstances as layoff into consideration while issuing any RFE compared to regular option. I read somewhere in the forum that PP is done by senior officers and they use discretion rather than just following a rule by letter.

2. Is there any way I can change my status so atleast I can wind down my business here( sell belongings etc.) and plan to move back ? Also can I change my status to any other visa type while looking for jobs if I want to stay here ?

Please suggest !

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please consult a lawyer.

you can get your underlying H1 petition approved but your extension of stay denied (no I-94 on approval notice), in this case, you can leave the US and get H visa stamp (if applicable) and return to start working for your new employer.

Originally posted by viks79:

I eventually got a FT offer and the company is filing for H1 papers. I have one pay stub missing for period of Aug1-15. The lawyers have advised me to file for premium option.

I have two questions :

1. First, does the premium option take such circumstances as layoff into consideration while issuing any RFE compared to regular option. I read somewhere in the forum that PP is done by senior officers and they use discretion rather than just following a rule by letter.

2. Is there any way I can change my status so atleast I can wind down my business here( sell belongings etc.) and plan to move back ? Also can I change my status to any other visa type while looking for jobs if I want to stay here ?

Please suggest !

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