H1B Transfer - possible lay off


Bestrong221

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Hi 

 

I am a Full time employee on a Big American company A ( not a consultancy firm )  which sponsored my current H1B Visa (valid till Jan 2015 )  .

Just FYI , my visa stamping is done recently in India ( Jun 2013 ) , so my passport has visa stamp valid until Jan 2015

 

I am hearing rumors that i might be laid off soon . I have following questions 

 

 

1 . Do they revoke my H1B visa before the layoff ( like communication to USCIS or Dept of labor )  ? In that case if i apply for H1B transfer later through a company B after say like after 20 days of my termination , will USCIS Approve my H1B Transfer  ? Does USCIS consider that my H1B is no longer valid when company A revokes my H1B visa at the time of termination ? Do i have apply for any other visa if USCIS does not approve H1B transfer ?

 

Basically how much time do i have to get my H1B transfer done from company B after company A terminates me ? 

 

 

2 . Company A filed my LABOR/PERM for GC 4 months back  - which is in progress. I am not sure when that will be approved .Ifi change jobs /  (company A terminates me) to Company B  after PERM and I140 approved , Do i still need to file PERM and I140 from company B.

 

What is the minimum time i should file PERM/I140 before 6 year mark from company B ?

 

Please let me know ASAP and help me.

 

 

Thanks

 

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1. you will be out of status the day after your last pay day at Company A. unfortunately there is no documentation stating how long you can stay and look for a new job. when you apply for a h1b with company B, it will be evaluated and the office can either approve with I94 or ask you to exi and ener the country with a new I94. I have a frnd whose petition was approved recently even after not having a job for 3 months.

2. when you change jobs you will have to file for a new PERM. if you already have a approved I140, then when you file a new PERM, you will priority date will carry over to new PERM and to I140.

 

Since you are already ahearing rumors, its in your best interest that you look for a job immediately and then apply for transfer with new employer. if the company A lays you off during this process, you can join company B with the application petition reciept or once approved move to B.

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