New H1B application after layoff

[anon1357]

Hello all ,

 

I was a fulltime employee of an engineering firm and was laid off on March 14 2014 as the company needed to "adjust staffing to align with current market and operating requirements". My employer offered me a severance package (dated 03/30/14), my last paystub dated (03/16/2014) and my H1B was revoked by my previous employer the following Monday.

 

I immediately started looking for employment, attended interviews and as finally offered a fulltime position with another company who is filing my H1B. 

 

The immigration attorney told me that they will be requesting Nunc Pro Tunc (NPT) to reinstate my H1B status so to ask for forgiveness for falling out of status from the time I was laid off until the time my company files my H1B change of employer petition. 

 

My questions are ;

 

Based on my dates of lay-off (03/14/2014) and the day they apply for my H1 (05/14/2014); is there a risk of rejection of  H1 petition or the NPT?

 

Have you or do you know of someone in a situation similar to mine ; applying for a H1B visa after being out of status for over 2 months ?  

 

FYI: My H1B from my previous employer has been approved and is on my passport. My I-94 expires only in 2017....

[jairichi]

Hello all ,

 

I was a fulltime employee of an engineering firm and was laid off on March 14 2014 as the company needed to "adjust staffing to align with current market and operating requirements". My employer offered me a severance package (dated 03/30/14), my last paystub dated (03/16/2014) and my H1B was revoked by my previous employer the following Monday.

 

I immediately started looking for employment, attended interviews and as finally offered a fulltime position with another company who is filing my H1B. 

 

The immigration attorney told me that they will be requesting Nunc Pro Tunc (NPT) to reinstate my H1B status so to ask for forgiveness for falling out of status from the time I was laid off until the time my company files my H1B change of employer petition. 

 

My questions are ;

 

Based on my dates of lay-off (03/14/2014) and the day they apply for my H1 (05/14/2014); is there a risk of rejection of  H1 petition or the NPT?

 

Have you or do you know of someone in a situation similar to mine ; applying for a H1B visa after being out of status for over 2 months ?  

 

FYI: My H1B from my previous employer has been approved and is on my passport. My I-94 expires only in 2017....

If all your documents are good your H1B petition might get approved as consular processing.

[t75]

Of course, there is always the possibility of rejection. In fact, it is likely.