H1B Transfer Query

[satraj]

Hey Guys,

I got an email from USCIS this morning stating that my H1B has been approved (I-129). However, just a couple of weeks ago my company went through layoff's and I was let go as part of the process. Now, I am curious to know how much time I have to find a new employer? How complex is the visa transfer process? Any help will be graciously appreciated. Thanks!

[kalyan_ac]

What is your current status? OPT?

Frankly speaking you have no time and transfer process is same as the h1 process your employer just did.

[wiweq]

Assuming that you are currently on H1b, you don’t have any grace period after termination. Once you lost the job, you are out of status from very next day. Better to do COS asap of leave USA.

[SameerH1Bworker]

Agree with @wiweq & @immigrationseeker. There is NO GRACE period once you layoff/fired from job on H1B. you need to file COS before the last day on job otherwise you will be accumulating out of status days.

[immig7]

what are the options for COS....I have a similar situation with 2 months gap when I am out of status...how long before i should leave the country. If I leave in 3 weeks from day of out of status to wrap up,do i get in problems to get stamping in india with my new H1b??

[wiweq]

"what are the options for COS....I have a similar situation with 2 months gap when I am out of status...how long before i should leave the country. If I leave in 3 weeks from day of out of status to wrap up,do i get in problems to get stamping in india with my new H1b??"

=> As said above, you don't have any time after the lay off to wrap up. Very next day of lay off you should have left the country or processed COS on or before the day of lay off. During new H1b processing or stamping you will be asked for last 3 months paystubs to prove your valid H1b status. You fail, H1b processing / stamping fails.

Don’t forget to ask for one way air-ticket from your employer who laid you off in the middle of H1b stay. They have to give you air-ticket or matching money. It’s law. More questions? Let us know.

[satraj]

thanks for your responses guys!

I think I forgot to mention that I am still in India and not in the US. I am an independent consultant and not a student if that that helps. I have been talking to a new employer who seems willing to sponsor or take over my H1B. (assuming its almost as good as filing new) Am I entitled to receive any paperwork (i797) from my attorney? What guidelines can I give my new employer if they need to sponsor my h1b visa?

[livliv]

thanks for your responses guys!

I think I forgot to mention that I am still in India and not in the US. I am an independent consultant and not a student if that that helps. I have been talking to a new employer who seems willing to sponsor or take over my H1B. (assuming its almost as good as filing new) Am I entitled to receive any paperwork (i797) from my attorney? What guidelines can I give my new employer if they need to sponsor my h1b visa?

That changes everything. Your new employer can file a cap-exempt petition for you without any problem. There is no change of status when you don't have any status (You are outside the US).

[satraj]

hi guys,

I just heard from my attorney that I cannot qualify for the "cap-exempt" quota as the new USCIS rules state that if the H1B visa has not been formally put into effect by being in H1B status (entry into US) and hence, my employer needs to file a new H1B peition from scratch. Could someone please clarify this ASAP? thanks

[livliv]

hi guys,

I just heard from my attorney that I cannot qualify for the "cap-exempt" quota as the new USCIS rules state that if the H1B visa has not been formally put into effect by being in H1B status (entry into US) and hence, my employer needs to file a new H1B peition from scratch. Could someone please clarify this ASAP? thanks

That's not correct. Your employer should find a better attorney. You can consult on your own to a experienced attorney and have them talk to the employer's attorney.

[wiweq]

"I just heard from my attorney that I cannot qualify for the "cap-exempt" quota as the new USCIS rules state that if the H1B visa has not been formally put into effect by being in H1B status (entry into US) and hence, my employer needs to file a new H1B peition from scratch. Could someone please clarify this ASAP? thanks"

=> Change the attorney. One you are counted, you'll be cap exempted for 6 yrs of H1b/ L1 stay. You worked on the status or didn't work, doesn't matter.