Laid Off on H1, Employer willing to help with a B1/B2 - If pending, will new H1 Transfer work?

[Rahul21sep]

Laid off on H1. Current employer offering to apply for B1 / B2 (have to clarify if this will be a COS and what happens if after filing a COS they withdraw my H1 - I have 35 months left on my first H1)... 

Now if my B1 is pending (as this usually takes 2-3 months I am told) and my new employer applies for H1 (with the B1 / B2 case number - to withdraw cancel the B1 / B2 request):

1. What happens?

2. Is this a safe option?

3. Will the new employer be able / agree to file a transfer?

4. What happens if after filing the B1 / B2 request the old employer withdraws H1 (will the new employer still be able to transfer and will I still be cap exempt?)

5. If I find a job after the B1 / B2 is approved, what are my options (in terms of H1 transfer)

Please help as this is very urgent...

 

Are there any other routes I can take...

 

If I get into a situation of accrual of 10-15 days, will this affect the H1 transfer?

[pontevecchio]

usually the COS to B2 should be filed before the loss of status and usually the approval rates are low though you will find out in a few months if you are lucky. In the meantime you get a H1 sponsor to file with PP and get it approved and leave to return with the H1 visa. It just gives you some time .

[rahul412]

If your employer had terminated your H1 then why is he filing for B1??

[Rahul21sep]

Hi,

 

rahul412: Their immigration team is just helping me file this, so that I can get more time to wrap things up...

 

 

pontevecchio: If B2 is in Pending status and the new employer files for a H1 transfer (since i am still cap exempt) and then we withdraw the B2's i-539 (since it was pending), will one still have to travel back home and re-enter?

[JoeF]

First off, revocation of the H1 is COMPLETELY irrelevant for you. The employer is required by law to do that.

Second, the employer is required by law to pay for your trip back to your home country, if you wish to go back.

Third, a COS to B2 is your responsibility. The employer can not do anything there.