H1 lay off - out of status - What next??

[santhoshg]

I am on H1 with company A and got laid off on Feb 28^th however they have not revoked my H1 yet. I am getting a project on Apr 14^th and so I am out of status for these 45 days.

My employer (Company A) is asking me to file a new H1 again with them but I cannot get end client letter + I am not sure if I can establish the contractual path due to other complexities.

 

1. Why should I file a new H1 when the current H1 is not revoked? Can they not use the same?
2. My employer claims that even if the new H1 gets approved, I’ll have to exit and reenter with a stamp. Has this to be done immediately?
3. What if I do a H1 transfer to another employer who just has Employer-Client (EC model) relationship? Will I get a sure shot approval?
4. I have the final pay stub generated on Mar 20. Can USCIS think that I missed few of the latest pay stubs while applying for H1 transfer? Will it save me from questions?

 

Please let me know the best possible solution to handle it.

 

[jairichi]

I am on H1 with company A and got laid off on Feb 28^th however they have not revoked my H1 yet. I am getting a project on Apr 14^th and so I am out of status for these 45 days.

My employer (Company A) is asking me to file a new H1 again with them but I cannot get end client letter + I am not sure if I can establish the contractual path due to other complexities.

 

1. Why should I file a new H1 when the current H1 is not revoked? Can they not use the same?
2. My employer claims that even if the new H1 gets approved, I’ll have to exit and reenter with a stamp. Has this to be done immediately?
3. What if I do a H1 transfer to another employer who just has Employer-Client (EC model) relationship? Will I get a sure shot approval?
4. I have the final pay stub generated on Mar 20. Can USCIS think that I missed few of the latest pay stubs while applying for H1 transfer? Will it save me from questions?

 

Please let me know the best possible solution to handle it.

1. Employer does not want to pay you for that 45 days. Looks like for them filing a cap exempt petition is cheaper than paying you for those 45 days.

2. Yes, you need to exit and enter US with a valid H1B visa and I797.

3. You can. But, it will still be approved as consular processing.

4. USCIS is intelligent than you. They will issue an RFE for all latest documents.

[JoeF]

The company has to revoke the H1 when you don't work there anymore. That is the law.