aru_s Posted May 26, 2013 Report Posted May 26, 2013 I was working on H1B until I got laid off in the first week of February 2013. My I-94 says that the H1B visa is valid until August 2015. Now I've a job offer in hand as of May 2013. I've been unemployed for last 118 days. I know that the 2014 H1B cap has filled/reached in April. So does the hiring company apply for H1B visa transfer or a new H1B? Is there any chances that I can H1B approved? Thank you very much for your time.
JoeF Posted May 27, 2013 Report Posted May 27, 2013 If a new H1 is approved for you, it would be without COS, since you have been out of status.
pontevecchio Posted May 27, 2013 Report Posted May 27, 2013 Get the petition approved and leave and come back with the H1 visa.
t75 Posted May 27, 2013 Report Posted May 27, 2013 If it is approved, it will most likely require that you reenter the US with a valid stamping. You have been out of status for a significant period of time. This could become an issue if you seek a GC in the future. You shoold have left and reentered one you found a new position or COSed to a different status.
omshiv Posted May 28, 2013 Report Posted May 28, 2013 talk to an attorney before you leave the country with the approved petition.
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