absessive Posted March 8, 2013 Report Share Posted March 8, 2013 I got laid off recently and my last date of employment was February 22, 2013. It took me a while to get a new offer, however, the new job has a starting date of April 29th, 2013, i.e. there's over 2 months between the 2 employment dates. My new employer will start processing the H1-B transfer documents in a couple of days. I believe this will be an issue with USCIS, as since the last day of the first job, I'm out of status. What are my options and how do I plan ahead in this situation? Link to comment
JoeF Posted March 9, 2013 Report Share Posted March 9, 2013 It is likely that the H1 would not be approved as a change of status, due to you being out of status. You would have to leave the country and enter in H1 status. Link to comment
rahul412 Posted March 9, 2013 Report Share Posted March 9, 2013 I believe this will be an issue with USCIS, as since the last day of the first job, I'm out of status. What are my options and how do I plan ahead in this situation? Better to leave the country and enter with new 797 or consult some good attorney ASAP. Link to comment
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