H1B transfer after going out of status

[sparkyphantom]

Hello all,

After reading some posts and experiences on Murthy forums I have got a general idea of my situation. However It would be great if some of you can throw some light on my issue.

Currently I am a valid H1B Visa for 2 more years. I am with Company A and they laid me off.My last day is March 30, 2013(last day on pay roll). They said that they will revoke my LCA or notify USCIS on April 18.

I received an offer from Company B today March 28,2013. I guess company B would take time since they have to go through back ground check, drug test, LCA approval and then H1B filing. Here are my queries:-

1- Since I am out of status on March 30, and if Company B is able to file H1B (packet reaching USCIS) before Company A informs USCIS (April 18), what chance is that I'll be safe.I understand that its upto the officer at USCIS.

2- What if H1b filing reaches USCIS after April 18 (date of company A revoking my previous LCA), in this case my current pay stubs will not be there in the filing. I will be missing 1 pay stub i.e. April1-April 15 pay stub

3- Is it a fact that since a H1B is filed after being out of status, once should wait for approval and not just the receipt to start working

4- If USCIS approves late filing, and gives it for consular processing (India) for an extension. Is there a risk

It would be great if you guys can help me out with this situation as I am very scared and dont know how to talk with HR guys and explain them my situation.

Thank you everyone.

[sumgee]

Hi,

As per my knowledge u don't have to worry about it. answers inline

1- If in case u apply with atleast 2 paystubs before that day, its completely fine.

2- No issues, u r still safe. start sending before 15th if u have issue of pay stubs.

3- U can start working with new employer..Only issue if it gets rejected with new employer.. u shld go with same process of finding other again.. But make sure new employer is not consulting.

4- No..