h1b transfer related question

[radhika1839]

Hello,

I'm on h1b right now. I'm working as a full time employee. I have valid h1b till sept 2015. I recently got my h1b on oct 2012. I went to India in dec 2012 and got h1b stamping done. I gave out a resignation at my present company. my last working day here is 22nd March(this friday). I recently got another full-time Job(yesterday). They will be filing my h1b transfer in the next week. My persent company's attorney said, they will be revoking my h1b on the last day of my job here(22nd march).

Here are my questions:

1. My payroll will be running till 29th March(pay week). I will be getting a pay check on that day. Can they really revoke my h1b on 22nd and give me pay check on 29th March?

2. As my new employer will be filing for h1b transfer in next week, will that be ok even if my current employer revokes my h1b?

3. I got recently married, do I need to apply for h4 before March 22nd to be on a safer side?

what is the risk factor, if I do not apply for a transfer before March 22nd?

Thank you.

[Attorney_25]

Technically if an employer sends an H-1B withdrawal letter before a change of employer is filed, then any requested extension of stay coundn't be granted, i.e. petition could be approved for consular processing. Also, issuance of pay is not the same thing as documentation of working. If you stop working on the 22nd, then just because payroll is issued on the 29th that doesn't mean that you worked through the 29th. However, if you really do work though the 29th then it would be inappropriate for the company to send a termination letter on teh 22nd. Your facts are not really clear. In some cases a late-filed extension can be approved, but not where the beneficiary quit her job by choice.

This is a lesson not to resign from a job until after a new H-1B petition is filed.

You might send a COS application, to H-4, today. That could be used as an intermediate status before changing back to H-1B. However, before making these decisions it sounds like you need to discuss the particulars of your case with a qualified attorney, preferably the attorney who is filing the H-1B for you.

[radhika1839]

I resigned the job by myslef :(

22nd is my last working day(resignation date)

[radhika1839]

thanks for the quick response.

[radhika1839]

I have one more question,

as my payroll will be active till 29th, I thought my present company cannot withdraw h-1b while payroll is active.

can an employer withdraw h-1b for an employee and can still run payroll to generate a paycheck?

[wiweq]

"can an employer withdraw h-1b for an employee and can still run payroll to generate a paycheck? "

=> Yes. Severance package is classic example. In the event of lay off, employer-employee relationship terminates, H1b is revoked, but employee may get the paycheck for month. I got pay check for 6 months; even though my H1b was revoked just after lay off.

[Attorney_25]

can an employer withdraw h-1b for an employee and can still run payroll to generate a paycheck?

Yes, if the payroll only covers time when the person was employed and authorized to work, prior to the employer letter being sent to USCIS.