H1B Employment GAP and GC

[VisaGCQuest]

I wanted to know what is the latest rules around H1B and employment gap. I might have a gap of 1 month to 1.5 month in my first job and next one and that is because I lost the first job due to lay-off. I have heard in the worst case scenario the H1 visa petition is approved and extension is rejected. Is this true? If extension is rejected will I have to leave and re-enter the country and is that enough? I mean when I leave will I also have to go to the consulate and take the visa interview and re-enter? Can the new visa be completely rejected? Also this is visa transfer from one big company to other.

Also if the visa does get approved after this gap period what all are the repercussions on the GC filing process? Will the GC be rejected or will there be any inquiries. I have heard having a gap of 6 months is the worst and is considered illegal. Does that still hold true? Please let me know.

Thanks

[rahul412]

What do you mean by GAP? Not getting paid?

If that's the case then, yes are in trouble.

If your ext is rejected then you can stay till your current H1 expiration date. But you can file new H1 with another employer, if the reason for rejection is not related to you.

[omshiv]

if USCIS doesnt give an I-94 on your new H1B petition, that means you got 797B and you'll have to leave US and get your Visa stamped. Visa stamping and coming back depends on the VO's, both at the Consulate and POE.

Although your 2nd para about the 6 month GAP is a little scary. Is this GAP you are talking about Not being on any Status?