Termination of employment while on H1B

[boomjosh2007]

Hi Folks,

I am sensing that my employer might terminate my employment not sure when. I already got a job offer with my previous employer but since he had revoked my H1B I am going through the transfer process all over again. My old employer has applied for my LCA and will initiate premium H1B transfer sometime next week. I want to know how much time do I have to get the transfer done if my employment is terminated with my current employer, will I be considered out of status as soon as my employer terminates me and my transfer with the other employer is still in progress. Past experience about my current employer tells that they revoke the H1 the very next day the employee leaves the company. Please advise.

Thanks

[Attorney_10]

Generally, an H1B nonimmigrant is only maintaining status as long as s/he is working and getting paid pursuant to a valid H1B approval notice. Generally, once employment ends and/or the petition is withdrawn by USCIS the nonimmigrant is no longer eligible to change status or extend status in the U.S. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case, the different options available to you, and the timing issues invovled in each option.