H1b Transfer issues(Urgent)

[vkvishwakarma]

Hello Everyone,

I was working for a IT company through a consulting company on H1b from Feb 2012.But due to mass layoff i lost my project at the client side in 31-Mar-12 .My H1b Sponsoring company has only pay me one month salary.I tried to look for job in april,May.at the end of May i got new job and the new company was ready to apply for h1b transfer.They have received LCA approval with only one paystub(for the month of Feb only).H1b transfer petition has been submitted.

I know i am out of status but do you think that i have any chance of getting h1b transfer approval after my LCA is approved.

My I-94 is still valid.

[Attorney_22]

Although you may not be accruing unlawful presence at this time, you are out of status. Therefore, you may be eligible for H1B status, but if the H1B change of employer petition is requesting an extension of status USCIS may not approve the extension portion of the petition. Thus, you would need to travel to abroad to obtain a new H1B visa and re-enter prior to commencing employment with the new employer. It may be possible to ask USCIS for discretion; however it is unlikely the extension will be approved. The alternative option is to request the H1B for consulate processing to avoid a determination you are out of status. Due to the complexity of this subject matter it is advisable to speak directly with a qualified U.S. immigration attorney. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.