currently working on L2 EAD , H1 B got approved but got layedoff by the current employer

[Vasanthi789]

i am working on L2 EAD (valid till May 2014), my employer fled H1 petition and it got approved.As the employer lost a contract with major client all the employees working for the client are laid off.

 

My employer is saying "Your petition was approved and will provide you with your portion of the approval documents.  Since your employment has been terminated the H-1B petition will be withdrawn.  As your employment is terminating before you ever worked on H-1B status there is no guarantee that USCIS will consider you to have been counted against the H-1B cap if another company files their own H-1B petition for you.  Typically if the person has an approved petition USCIS will not consider them to be subject to the cap when a new employer files a petition however, since you are in a situation where you have not yet worked with the H-1B it will be a judgment call  by the officer as to whether or not you will be considered cap subject or cap exempt.  It will likely depend on when your new employer gets a decision on their petition."

 

Does this mean, my petition will no longer valid?? can i find a new employer for the H1 transfer or should  continue working on L2 EAD. What would be a better option. 

[JoeF]

An approved H1 petition means that you have been counted for the quota, so find a new employer ASAP who can file an H1 for you.

[jairichi]

i am working on L2 EAD (valid till May 2014), my employer fled H1 petition and it got approved.As the employer lost a contract with major client all the employees working for the client are laid off.

 

My employer is saying "Your petition was approved and will provide you with your portion of the approval documents.  Since your employment has been terminated the H-1B petition will be withdrawn.  As your employment is terminating before you ever worked on H-1B status there is no guarantee that USCIS will consider you to have been counted against the H-1B cap if another company files their own H-1B petition for you.  Typically if the person has an approved petition USCIS will not consider them to be subject to the cap when a new employer files a petition however, since you are in a situation where you have not yet worked with the H-1B it will be a judgment call  by the officer as to whether or not you will be considered cap subject or cap exempt.  It will likely depend on when your new employer gets a decision on their petition."

 

Does this mean, my petition will no longer valid?? can i find a new employer for the H1 transfer or should  continue working on L2 EAD. What would be a better option. 

If your H1B was approved as COS then you just need to find a new employer who will file a cap exempt petition and upon approval you can start working from start date of 1st Oct 2013. If you are not successful in finding a new employer before 1st Oct 2013 then you have to exit and re-enter US on valid L2 visa and this will keep you on status till you find a H1B employer.