Need urgent help..

amanbehl

By amanbehl,
in H1B : Portability Issues

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amanbehl Newbie

amanbehl

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I am getting laid off. My last day working with my current company will be 5/23/2014 (in one week). My employer will contact their lawyer in the week of 26-30 May to inform the USCIS that i am no longer working with them.

 

1. Now i have to get H1B visa tranfer to some other company say xx. If xx files for LCA and then H1 transfer i.e my current company's petition to revoke my H1B reaches before my H1B transfer application for xx then i will be in problem?

 

2. While xx will be filing for my H1B transfer, i will not be getting paid for sometime till i have project, in that case i will be out of status for some time? If yes then this out of status will effect my H1B transfer?

 

 

 

 

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jairichi Advanced Member

jairichi

Posted
Posted

 

I am getting laid off. My last day working with my current company will be 5/23/2014 (in one week). My employer will contact their lawyer in the week of 26-30 May to inform the USCIS that i am no longer working with them.
 
1. Now i have to get H1B visa tranfer to some other company say xx. If xx files for LCA and then H1 transfer i.e my current company's petition to revoke my H1B reaches before my H1B transfer application for xx then i will be in problem?
 
2. While xx will be filing for my H1B transfer, i will not be getting paid for sometime till i have project, in that case i will be out of status for some time? If yes then this out of status will effect my H1B transfer?

 

1. You are out of status from 5/24/2014. Revoking your H1B petition by employer is irrelevant here. Your new employer has to file a cap exempt H1B petition before you last day with current employer.

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