laid off on L1 visa - with an approved H1b and I-140 pending


chax

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Hi Murthy.com team,

I have a valid L1 visa (that is due for extension this December) and I've been laid off 2 days back. I have time till September 15th to find a job within the same company.

I also have a H1-B petition approved with the same company as petitioner this June. The original copy of the approved I-129S is still with my company. They withheld the original copy in June saying that the activation can be done post October and I anyway need a EVL within a month of visa appointment - should I choose to activate it.

I also have a I-140 filed by the same company in April - possibly approved by now. I do not know.

 

Here are my questions:
* Can I ask my company for the original approved I-129S ? Are they in any way legally bound to give that to me ? (I have a unusable scan copy - in pdf format)
* Can I also request my company to give any approved I-140 whenever it comes ?
* Can I apply for another company in the US ?
* They've mentioned September 15th as the termination date. I have I-94 till December 22nd. Can I legally stay till December 22nd ?

regards

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1. Ask for a copy. They might or might not give you as they are not obliged by law to provide them to you.

2. Yes.

3. You are out of status now. File for a COS to B2 to look for a job.

4. From the last day of work (when your pay roll stops) you are considered out of status. You will have to leave US if you do not file a COS immediately.

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Thanks a lot for the response.

My I-140 and H1B petition are both approved via Company A - which laid me off.

But if I get an offer from another companyB -
* is it possible for that company to transfer my H1B sponsorship immediately ? (while I'm still paid by Company A - within Sep 15th)
* Do they need quota ?
* And the fact that I didn't activate the visa yet - has any effect ?

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Thanks a lot for the response.

My I-140 and H1B petition are both approved via Company A - which laid me off.

But if I get an offer from another companyB -

* is it possible for that company to transfer my H1B sponsorship immediately ? (while I'm still paid by Company A - within Sep 15th)

* Do they need quota ?

* And the fact that I didn't activate the visa yet - has any effect ?

1. You are laid off 2 weeks back and your company A is paying you till Sep 15th. Which is correct and how does this work? If you are laid off you are out of status from the last day of work. Company B can file a cap exempt H1B petition but you can start working only from Oct 1st, if approved.

2. If your I-140 is not revoked you are cap exempt.

3. No effect.

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Thanks for the replies Much appreciated.

Company has indicated that while I'm laid off - I'm officially on pay roll till September 15th. I'll cease to be an employee on 16th September.

You mean you are basically on bench and being paid till Sep 15th. That means you are not laid off or terminated.

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