jhansiakkineni Posted March 9, 2012 Report Share Posted March 9, 2012 Hi, I got lay'd off from my company and they revoked my H1-B on Feb 1st 2012 I got a new job on Jan 19th 2012 and they gave an offer letter stating my start date will be Jan 23rd but they delayed my H1-B transfer because of some internal problem and they applied for H1-B transfer on Feb 28th through preminum processing Now I got an RFE saying Untimely H1-B filing. Since they delayed my H1-B transfer I started looking for other jobs and got another job on Feb 13th and they filed LCA on Feb13th and H1-B transfer on Feb 28th. I got the same RFE for this one also.. Both companies applied for transfer on the same day and both got RFE. What are my chances of approval? Please help me.. Thanks Link to comment
JoeF Posted March 11, 2012 Report Share Posted March 11, 2012 I have posted lots of times here that it is best to file a COS to, e.g., B2, in case of a layoff. It is well known that there is no grace period for the H1. Why didn't you do that? It is likely that neither H1 will be approved as COS. Link to comment
gc_seeker100 Posted March 12, 2012 Report Share Posted March 12, 2012 Your H-1B may be approved without I-94 in which you might have to go outside the US and get the visa stamp(if your visa stamp has expired). Then you re-enter the US with a new I-94 @ the port of entry. I had done this and It is not a big problem, but you would need to go outside the US to get this done Link to comment
jhansiakkineni Posted March 12, 2012 Author Report Share Posted March 12, 2012 Your H-1B may be approved without I-94 in which you might have to go outside the US and get the visa stamp(if your visa stamp has expired). Then you re-enter the US with a new I-94 @ the port of entry. I had done this and It is not a big problem, but you would need to go outside the US to get this done Thank You for your reply.. I hope everything will go well.. Link to comment
jhansiakkineni Posted March 12, 2012 Author Report Share Posted March 12, 2012 I have posted lots of times here that it is best to file a COS to, e.g., B2, in case of a layoff. It is well known that there is no grace period for the H1. Why didn't you do that? It is likely that neither H1 will be approved as COS. Actually it is not actually a layoff. I got a new job and after the offer I told my employer that I got a new job. But the new company delayed applying my H1-B and they didn't informed about that and when I came to know about that I was out of control because my current employer revoked my H1-B and these people didn't applied for H1-B. Thank You for your reply.. Link to comment
JoeF Posted March 12, 2012 Report Share Posted March 12, 2012 Actually it is not actually a layoff. I got a new job and after the offer I told my employer that I got a new job. But the new company delayed applying my H1-B and they didn't informed about that and when I came to know about that I was out of control because my current employer revoked my H1-B and these people didn't applied for H1-B. Thank You for your reply.. Ok, so it wasn't your fault. But still, even then, it is you who gets into problems. You can't change things from the past, but for others reading this: Make sure that HR in the new company is on the ball. Link to comment
blancx Posted March 16, 2012 Report Share Posted March 16, 2012 Also, it is never a good idea (in fact its foolish) to let your current employer know of your new offer till you have an approved H1B for the new job. Indeed, as JoeF says, its you, the employee, who suffers. No one else does. As for letting the HR of the new company know, do that only after you discuss with an immigration attorney. The new HR would be hesitate to hire you the moment they find you are out of status. I personally know individuals who have suffered due to this. Link to comment
Shaunakonline Posted March 24, 2012 Report Share Posted March 24, 2012 @ jhansiakkineni Did you get any update on your case ? Link to comment
Shaunakonline Posted March 24, 2012 Report Share Posted March 24, 2012 Ok, so it wasn't your fault. But still, even then, it is you who gets into problems. You can't change things from the past, but for others reading this: Make sure that HR in the new company is on the ball. I am on H1b visa and in a similar situation: 15 January 2012: laid off (have a pay stub dated 30th January as a Severamce) 10 February 2012: Got a new job 15 March 2012: FIled for PP - H1b visa transfer 21 March 2012: RFE - "Evidence pertaining to beneficiary's status" (asking pay stubs from old employer) 23 March 2012: submitted the Documents My questions: 1. What are the chances of getting my visa approved? 2. What should be next steps, from my end, if the H1b visa transfer does not get approved? Thanks. Link to comment
Shaunakonline Posted March 24, 2012 Report Share Posted March 24, 2012 Hi, I got lay'd off from my company and they revoked my H1-B on Feb 1st 2012 I got a new job on Jan 19th 2012 and they gave an offer letter stating my start date will be Jan 23rd but they delayed my H1-B transfer because of some internal problem and they applied for H1-B transfer on Feb 28th through preminum processing Now I got an RFE saying Untimely H1-B filing. Since they delayed my H1-B transfer I started looking for other jobs and got another job on Feb 13th and they filed LCA on Feb13th and H1-B transfer on Feb 28th. I got the same RFE for this one also.. Both companies applied for transfer on the same day and both got RFE. What are my chances of approval? Please help me.. Thanks Let me know how it goes, I am also in similar scenario.... Link to comment
psjaya Posted March 30, 2012 Report Share Posted March 30, 2012 Hi, Any updates on your case Shaunakonline or jhansiakkineni ? Please let me know. Thanks, Sree Link to comment
sathish_82 Posted April 2, 2012 Report Share Posted April 2, 2012 Recently I switched employers, H1 B transfer request got denied with new employer, sadly I already left my previous employer. Now new employer has re-applied but wants me to go to India for visa stamping, can you please let me know is it mandatory to leave country in this case and what other options are there except leaving country? Appreciate your feedback. Link to comment
murugesh_gc Posted May 3, 2012 Report Share Posted May 3, 2012 Hi jhansiakkineni, Please let know on your H1b transfer. Thanks Link to comment
NJ87 Posted July 8, 2012 Report Share Posted July 8, 2012 Any updates from @Shaunakonline, @jhansiakkineni or @psjaya? I am in a similar situation and any help is appreciated! Cheers, NJ Link to comment
balajimcat Posted April 13, 2016 Report Share Posted April 13, 2016 I am on H1b visa and in a similar situation: 15 January 2012: laid off (have a pay stub dated 30th January as a Severamce) 10 February 2012: Got a new job 15 March 2012: FIled for PP - H1b visa transfer 21 March 2012: RFE - "Evidence pertaining to beneficiary's status" (asking pay stubs from old employer) 23 March 2012: submitted the Documents My questions: 1. What are the chances of getting my visa approved? 2. What should be next steps, from my end, if the H1b visa transfer does not get approved? Thanks. Shaunak, Please let us know what happened to your case, how did it get resolved at the end ? Please, Link to comment
balajimcat Posted April 13, 2016 Report Share Posted April 13, 2016 @Shaunakonline What happened next ? how it got resolved ? Link to comment
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