meerm Posted September 13, 2013 Report Share Posted September 13, 2013 Hi I have my H1b validity for 2 years but my employer has decided to let go of me with 15 days notice. Is it possible to transfer visa to a new company after 15 days? Will there be legal consequences if I do not have a continuous employment even if the visa is valid? My I140 is approved and priority date is locked. Will there be a problem in future with new employer to process green card? Many Thanks Meerm Link to comment
jairichi Posted September 13, 2013 Report Share Posted September 13, 2013 Hi I have my H1b validity for 2 years but my employer has decided to let go of me with 15 days notice. Is it possible to transfer visa to a new company after 15 days? Will there be legal consequences if I do not have a continuous employment even if the visa is valid? My I140 is approved and priority date is locked. Will there be a problem in future with new employer to process green card? Many Thanks Meerm If you have a new employer willing to offer you a job and file a cap exempt H1B petition for you then upon approval you can start working for new employer. 15 days is not possible even if you have an offer as it would take a week to get your LCA and 15 calendar days to get a decision on H1B petition by PP. Your legal stay in US is based on date in I94. You will be out of status if you do not have a job on H1B. Best option would be to apply for a COS to dependent status or B2 to be in status in US while looking for a job and processing of H1B petition or else exit US (your current employer has to provide you return tickets) and enter US when a new cap exempt H1B petition is approved. Link to comment
meerm Posted September 13, 2013 Author Report Share Posted September 13, 2013 Thank you very much. One question: out of status for a week or two will become a serious issue while processing green card? Please suggest me. Thanks Meerm Link to comment
jairichi Posted September 15, 2013 Report Share Posted September 15, 2013 Thank you very much. One question: out of status for a week or two will become a serious issue while processing green card? Please suggest me. Thanks Meerm Can not say about specific time limit. I believe 3 to 5 days (my gut feeling) should be ok but more than that is risky. Ask an attorney Link to comment
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