H1 B transfer (typical scenario)

[Saiprasad531]

Hi

 

I got a full time offer in one company while i was working as a contractor. I took the FT opportunity and joined the company in December and started working. after working for almost 6 months company has laid off some people on June 30th and I am one among them. 

 

I asked the company not to revoke my H1 and give me atleast 30-45 days to search for another opportunity. They said ok. 

But right after 15 days( approx. July 15th)  they called me and said that they have sent my revocation papers USCIS.  And now I have got another opportunity with new employer on July 26th. and my new employer have applied for new LCA and he will file my H1 once the LCA is approved. 

 

What are my chances now. will USCIS will consider my new H1 transfer application or they will withstand by the revocation submitted by my old company.

 

Please let me knw in this regard am totally confused which step i have to take. 

[omshiv]

I dont forsee any issues here...ask your new employer to file in PP.

[jairichi]

By law an employer has to revoke a H1B petition once the employee leaves the company. But, this revocation has nothing to do with a future employer willing to file a H1B petition.

[Saiprasad531]

I dont forsee any issues here...ask your new employer to file in PP.

what do you mean by PP. 

Is is Premium Processing?

 

before that my LCA should get approved rite and it takes atleast 7 days to get it approved and after the approval i can apply for premium which takes another 2 weeks.

 

so altogether it takes 3 weeks for a final decision mean while what would be my status??

[Saiprasad531]

By law an employer has to revoke a H1B petition once the employee leaves the company. But, this revocation has nothing to do with a future employer willing to file a H1B petition.

i didnot get your point highlighted in red. 

 

once the old company submits the revocation in what status will be i am?

 

dont know if my understanding is correct or not.

[catchgul]

You lose your status the day you were laid -off, it has nothing to do with the H1B revocation. So you were out of status starting June 30th.

Normally if the new employer files a H1B transfer (which is really just a new H1B) within a month, you have good chances of getting an approval with an extension of status.

 

If the new employer files the transfer more than 30 days after your lay-off, you will get an RFE for payslips for the GAP period. Since you dont have the payslips, the H1B will still be approved assuming there are no other issues with the new employer. But you will not get an I-94 attached to the bottom of the new approval document i.e. I-797.

 

But don't worry even if you get your H1B approved without an I-94, you can go to your home country and come back on a new visa stamp or if you have a valid visa stamp, you can just go to a neighboring country and come back.

[jairichi]

i didnot get your point highlighted in red. 

 

once the old company submits the revocation in what status will be i am?

 

dont know if my understanding is correct or not.

After last day of employment  one becomes out of status. In your case you are out of status from June 30th. It does not matter whether your ex-employer revokes your old H1 or not. That is the reason why omshiv asked you to ask your new employer to do premium processing once your LCA is approved.