Laid off. H1B denial while other H1B is pending.

[tablelamp]

Hello,

 

I was laid off on 10/17/15. Company initiated withdrawal of H1B and other official stuffs such as return air ticket. They have not withdrawn I-140 approval. 

 

Found new employer ABC (vendor) who filed H1B with Premium Processing at California Service Center. H1B receipt arrived on 11/06/15 and expected to get approval on 11/21/15. 

 

Found another employer XYZ (direct hire) who is also ready to file H1B with Premium Processing 11/20/15 at Vermont Service Center. The attorney is confident of H1B approval but unsure if it would go through as a smooth H1B transfer (overlooking absence of pay stubs for 4 weeks) or consular processing. Expected to get a decision on 12/11/15. 

 

Question:

1. What if H1B with ABC gets denial and H1B with XYZ is pending? Do I need to leave US immediately- the very next day?

 

2. I am aware that I am out of status BUT not in "unlawful stay" since my I-94 is valid till June 2016. Would this cost concern in the Green Card processing? 

 

I heard Vermont Service Center can overlook pay stub gap of 2-3 weeks. I am hoping they do, and it would not be a H1B approval with consular processing. 

[JoeF]

You heard wrong. Service centers don't overlook things.

Individual examiners may overlook certain things, but it is in their discretion.

[jairichi]

1. You are out of status from the date of lay off. You should have left US by that time.

2. Might be an issue during GC.

What you heard about Vermont centre is a rumour.

[tablelamp]

Thanks for your kind words and feedback. Anyways, H1B with ABC company has been approved without any problem. I agree with you-- I was out of the status the moment I was laid off but was NOT "unlawfully staying" in the United States based on unexpired I-94. Hence, there was no need to leave the US the moment I was laid off. Fight for first 25 days if nothing is working then leave, that's what I would advice to other people.

 

I also agree it is up to the discretion of examiner to overlook lapse in the pay stubs. And what I heard about Vermont Center is a rumor but this rumor has been passed on to me by my attorney or let's say I misinterpreted his advice. 

 

[tablelamp]

Hello people,

 

Recent update on my H1B:

 

H1B with XYZ company also got approved without any problem on December 04, 2015. The attorney said USCIS at Vermont Center has treated this application just as a simple transfer and I can join XYZ company from December 05, 2015. This is amazing! I am alive again from nearly a hopeless situation. 

 

Lesson learned and I advise other people few things:

1. Don't loose hope if you loose your job. Fight 24x7 for first 25-30 days to get a job. Agreed that an individual is out of status the moment he/ she looses job but he/she is NOT I repeat NOT "unlawfully staying" in the US based on unexpired I-94. If you think your I-94 is expiring in 2-4 months, plan a vacation and reenter the US. The DHS might ask if you are planning to extend your H1B. If you say yes, then he would high likely extend your I-94 to another year. 

 

2. The USCIS officer do consider and gives you benefit of doubt if you have 1 to 1&1/2 month old pay stubs. To my understanding, the officer is aware that it takes a company ~7-10 business days to post a LCA and an additional 3-5 days to file H1B petition.  Therefore, it is unlikely that an applicant can have the most recent pay stubs. 

 

2. Always prefer applying through Premium Processing in such case. USCIS is pretty fast in making a decision in your case. It took only 9 days to get an approval despite Thanks Giving weekend. 

 

3. Apply to as many H1B as possible. You can try different geographical locations (implying your H1B petition would be in different USCIS centers). If this is not possible, that's ok too. 

 

Last but not the least, the moment you loose the job CONSULT an attorney. Don't think too much on spending 400- 500$ for 1 hour consultation. He can suggest specific do's and don'ts that applies to you. 

[ace1234]

HI there

I left my company in july. I got my last paycheck on july 30th. Till dec 29 i was not working and do not have any pay stub. There was company which draged its hiring process for 3 months. Now I am hired and this company is ready to file my H1b transfer. I am trying to file it by Jan 1. I am afraid that absence of paystub may cause problem. Is ther a chance that I may get I797b? 

Please let me know

Thanks!!