Termination of Job while H1B Transfer Pending Decision with USCIS

[rad1980]

Sequence of Event:

 

1. Entered US on L2 Visa as dependant on my spouse who was in L1 Visa with I-94 valid till 2nd Nov 2014

2. Got EAD under L2 Visa.

3. Got a job and my employer has filed for a new H1B and got approved.

4. After 1.5 yrs, as my contract was getting over, I found a new employer who has initiated H1B transfer and I joined     with H1B transfer receipt.

5. I started with The project as contractor to a client while my H1B Transfer Petition pending.

5a. This project has ended now due to Budget issue at client location and I am back to kind of bench from Last        week.

6. My new employer has processed my payroll till last week.

7. New employer is looking out for a new contract project for me now and informed me verbaly that if I don't get any new project in next 10 days, 

    they will initiate my termination of Job as well as send a request to USCIS to stop my H1B

8. In the mean time My spouse got a new job and  got his H1B in Aug 2013 and he switched to new job. He is having an approved petition of H1B valid till 22 sep 2014.

 

 

Questions:

 

1. If my current employer don't get a project for me and terminate (not sure if he will be running the payroll from now till my termination), will I be considered as Out of Status as my H1B transfer petition is still in Initial review State with USCIS?

2. Can I put COS to H4 under my spouse H1B upon my termination or I need to do that right now? 

 

2a.   Does its a mandatory to have a payslip till the Date I file my I-539 for COS as my current employer may not issue a payslip from now till he terminates me in next 15 days subject to if he don't find a new project for me?

3. I know H4 petition approval for COS will take 3-4 months and I can't do any job till my H1 gets re-activated after approval of H4. so net net for next 6 months at least I can't take a new job..is this correct?

4. As my spouse on H1B approved petition, Can I go to India alone upon my termination from my current employer and get H4 Visa Stamped and comeback to US. This way I don't need to wait for 3-4 months H4 approval process by COS and upon arrival to US, I can look out for new jobs and an employer can do a Premium H1B if I found one and can get to Job at an earliest. IS this a possible option?

5. As per CBP website, my current I-94 validity shows 2nd Nov 2014 under L2 Visa. SO does this means I am valid status till this date?

6. When Will and what time I become Out of Status in current situation?

 

My Intent is to secure My future H1B status and not become Out of Status state....Please advice what are the option I do have

[jairichi]

 

Sequence of Event:

 

1. Entered US on L2 Visa as dependant on my spouse who was in L1 Visa with I-94 valid till 2nd Nov 2014

2. Got EAD under L2 Visa.

3. Got a job and my employer has filed for a new H1B and got approved.

4. After 1.5 yrs, as my contract was getting over, I found a new employer who has initiated H1B transfer and I joined     with H1B transfer receipt.

5. I started with The project as contractor to a client while my H1B Transfer Petition pending.

5a. This project has ended now due to Budget issue at client location and I am back to kind of bench from Last        week.

6. My new employer has processed my payroll till last week.

7. New employer is looking out for a new contract project for me now and informed me verbaly that if I don't get any new project in next 10 days, 

    they will initiate my termination of Job as well as send a request to USCIS to stop my H1B

8. In the mean time My spouse got a new job and  got his H1B in Aug 2013 and he switched to new job. He is having an approved petition of H1B valid till 22 sep 2014.

 

 

Questions:

 

1. If my current employer don't get a project for me and terminate (not sure if he will be running the payroll from now till my termination), will I be considered as Out of Status as my H1B transfer petition is still in Initial review State with USCIS?

2. Can I put COS to H4 under my spouse H1B upon my termination or I need to do that right now? 

 

2a.   Does its a mandatory to have a payslip till the Date I file my I-539 for COS as my current employer may not issue a payslip from now till he terminates me in next 15 days subject to if he don't find a new project for me?

3. I know H4 petition approval for COS will take 3-4 months and I can't do any job till my H1 gets re-activated after approval of H4. so net net for next 6 months at least I can't take a new job..is this correct?

4. As my spouse on H1B approved petition, Can I go to India alone upon my termination from my current employer and get H4 Visa Stamped and comeback to US. This way I don't need to wait for 3-4 months H4 approval process by COS and upon arrival to US, I can look out for new jobs and an employer can do a Premium H1B if I found one and can get to Job at an earliest. IS this a possible option?

5. As per CBP website, my current I-94 validity shows 2nd Nov 2014 under L2 Visa. SO does this means I am valid status till this date?

6. When Will and what time I become Out of Status in current situation?

 

My Intent is to secure My future H1B status and not become Out of Status state....Please advice what are the option I do have

 

1. If you are not paid from now then you are out of status.

2. File a COS the moment your payroll stops.

2a. Yes.

3. Not really. If an employer files a cap exempt H1B petition and it gets approved you can exit and enter US on H1B visa. In this way your COS from H1B to H4 is abandoned and you can start working for new employer.

4. Yes, absolutely.

5. Whatever is mentioned in your H1B I797 is your current status.

6. The moment your employer stops your payroll.