Layoff - H1B validity

[WildCat86]

Hi,

 

I was recently let go by my Employer. As it was a mass layoff I was given 2 months of NOTICE period during which the employee-employer relationship will be maintained. After the end of 2 months NOTICE period they said they are going to revoke my H1 Visa and my SEVERANCE period will start during which I will still be paid severance pay bi-weekly for 2 more months.

 

Now I have an offer from the new Employer who is filling for my H1B transfer, but they want me to join only after the H1B transfer has been completed fully and not immediately after we get the H1-B receipt.

 

1) So if I get the H1-B receipt before the end of NOTICE period( during which the employer-employee relationship is intact ) but the employment start date is during the SEVERANCE period, would I be considered out of status at the end of the NOTICE period?

 

2) If I start my employment with the new employer during the SEVERANCE period then will the period between the end of NOTICE PERIOD and my new employment START DATE be considered as a payroll gap  ( even though I will be receiving severance pay stubs bi-weekly ) which can cause any issues with my status or future Green Card processing?

 

Thanks.

 

 

[jairichi]

Hi,

 

I was recently let go by my Employer. As it was a mass layoff I was given 2 months of NOTICE period during which the employee-employer relationship will be maintained. After the end of 2 months NOTICE period they said they are going to revoke my H1 Visa and my SEVERANCE period will start during which I will still be paid severance pay bi-weekly for 2 more months.

 

Now I have an offer from the new Employer who is filling for my H1B transfer, but they want me to join only after the H1B transfer has been completed fully and not immediately after we get the H1-B receipt.

 

1) So if I get the H1-B receipt before the end of NOTICE period( during which the employer-employee relationship is intact ) but the employment start date is during the SEVERANCE period, would I be considered out of status at the end of the NOTICE period?

 

2) If I start my employment with the new employer during the SEVERANCE period then will the period between the end of NOTICE PERIOD and my new employment START DATE be considered as a payroll gap  ( even though I will be receiving severance pay stubs bi-weekly ) which can cause any issues with my status or future Green Card processing?

 

Thanks.

You are out of status from the last working day.

[WildCat86]

So you are saying I will be out of status at the end of my NOTICE period even if I am have a pending H1-B transfer application?

 

Thanks 

[jairichi]

So you are saying I will be out of status at the end of my NOTICE period even if I am have a pending H1-B transfer application?

 

Thanks 

If a cap exempt H1B petition was filed before your last working day at current employer you are on valid status till a decision is made by USCIS.