Transfer H1b after 6mo out of status and Perm approved

[vicrf]

Hello

I was working for Company A. I am in my 7th year extension. However I was laid off on January 21, 2011, with my last paystub being of January 31, 2011.

My PERM process had been filed by Company A, but it was picked for auditing in April 2010.

In April 2011, my process was approved and I would be able to continue to I-140.

However:

1) My Company did not withdraw my H1b. They said they would "help" me get a transfer to another company.

2) Only now there's a real possibility for me to transfer my H1b to another company (6 months after my last paystub). But what are the chances the immigration will approve my transfer?

3) I would like to continue the PERM process with Company A, but I haven't talked to them yet because I would have to pay for the expenses and I am not sure the immigration will approve my H1b to another company. If they don't, why would I spend money on the I-140 if I will end up having to leave the country?

I am totally at a loss here. If I try to transfer my H1b to another company, will the immigration expel me from the US because I have been out of status?

If they approve the transfer, and Company A agrees to sign the papers for my I-140, will that be a problem for me or could this help me somehow?

I don't know what to do.

Please help me. Thank you all.

[mashmit2002]

Have you been living in the US since you got laid off? Did you change your visa to some other one like H4 / B2 / L2? If not then you have been out of status for last six months and more than likely this accounts for 3 year ban from entering the US.

If you file for a transfer now it is highly likely that USCIS will reject it and ask you to leave the country and not return for 3 years.

You can continue the GC process. If your PERM was approved in April 2011 then you still have another 3 months to file I-140, before the PERM expires.

1. H1 was invalid when you were laid off. If your employer sent you a termination letter and they have not been paying you till now there is nothing much they can do

2. I would say not much chance, but check with a lawyer

3. You can continue your GC process without having H1. You can stay out of the country if required and the process will continue. IF and when you receive your GC you can enter the US using that.

[vicrf]

Thank you.

I have one more question. My visa and my I-94 expire in October. I read somewhere that, because of that, I could file for a new H1b here with a new company, then I would be able to leave the US and reenter few days later still based on my old visa, but before October, and I would not enter the 3 year bar. I believe I would have a new I-94 only until October again, but would I be able to have a new one in case the new H1b is accepted?

Have you ever heard of this? Is this really a possibility?

Thanks again.

[mashmit2002]

When you apply for the New H1 or H1 transfer, USCIS will more than likely give you a I-797B (instead of I-797A) which will not have an I-94 and ask you the leave the country and re-enter with a visa stamped.

The re-entry method you are suggesting is possible if you receive and I-797A

Since your I-94 is still valid. You can take a chance and file for the H1 transfer.

[vicrf]

Thank you so much for your help!