Laid off by Company A, H1B transfer issue with company B queries

[arvind_shanbhag]

Hi , I was unfortunately laid off on May 21st by company A, although company A is retaining my H1B and keeping me on their payroll through June 26th. 

I am trying to find a job and may get an offer with company B on June 15th or June 16th / sometime next week. 

 

1. My understanding is that H1B transfer by company B cannot be filed in premium processing now, as only petitions without extensions or which are under consular processing are eligible for premium? I am not sure what consular processing really means (which is eligible for premium without an extension)? Can someone please help explain this further ? 

2. If company B applies for a transfer by June 22nd or June 23rd, and company A revokes my H1B on June 27th, am I legal to stay in the US until I get a receipt number (say estimated July 1st or July 6th when I can start working for company B?) 

 

Can you please provide some advice on the best way to tackle / manage this transfer so I am legally staying and H1B transfer gets approved.

[JoeF]

There is no "consular processing" for H1s. That's a concept for GCs only.

H1 petitions are always processed by USCIS in the US. They can notify a consulate once the processing is done. That's known as "Consular notification" and mentioned as such in the USCIS announcement about PP. And that's the situation where PP is still available.

For the person, it just means getting an H1 visa at the consulate.

[arvind_shanbhag]

Thank you, JoeF. 

Does this mean that my case would be valid for PP in the current situation (prior to July 27th ) ? 

[arvind_shanbhag]

Also, do you the latest by when the H1b transfer can be applied ? Thanks, 

[laxmi12]

Here is what i suggest.....

As your attorney to file H1B transfer in Premium processing.....

 

Ask him not do an extension... What I mean is if your attorney does an H1B transfer with same H1B end date as  your current H1b then your case can be processed via Premium processing