H1B transfer within a month after laid off

[jobseeker83]

Hi,
I was working in an A company on H1B and recently i got laid off. That A company immediately terminated me from the work as agreement was at will. Now i have got another B company who is ready to transfer my H1B with in a month. My pay stuff was running monthly so hopefully my new H1 transfer petition will be filed before next month pay stub cycle which will be not generated as i have been laid off.

Now can you tell me the complications and things i should take care to get my H1B transferred approved successfully.

[jobseeker83]

Hi,
I was working in an A company on H1B and recently i got laid off. That A company immediately terminated me from the work as agreement was at will. Now i have got another B company who is ready to transfer my H1B with in a month. My pay stuff was running monthly so hopefully my new H1 transfer petition will be filed before next month pay stub cycle which will be not generated as i have been laid off.

Now can you tell me the complications and things i should take care to get my H1B transferred approved successfully.

Also i want to add one thing that my Company A has informed me that they will report to USCIS on the termination of my H1B and they call it as withdrawal. Kindly guide me for getting my H1B transfer successfully.

[shervin143]

If your transfer is filed without the last payslip, then it is possible that USCIS issues an RFE to prove that you maintained your H1B status. If you cannot respond to the RFE with the appropriate document, then it is possible that your H1B transfer gets approved for consular process (approval without a new I-94 attached). In which case, you should leave the country, get the visa stamped based on the new approval notice and return back.

[jobseeker83]

If your transfer is filed without the last payslip, then it is possible that USCIS issues an RFE to prove that you maintained your H1B status. If you cannot respond to the RFE with the appropriate document, then it is possible that your H1B transfer gets approved for consular process (approval without a new I-94 attached). In which case, you should leave the country, get the visa stamped based on the new approval notice and return back.

Thanks for the reply shervin143. This gives bit relaxation for me.. as i mentioned, my pay check was running monthly hence the pay stubs i have given is the recent and last pay stub without any miss. Now the only problem i guess will be arising is, if somehow i would not manage to file petition before my coming paycheck cycle and gap of employment. its not been a month to be laid off.

is this correct that i am thinking. Thanks again.

[shervin143]

Yes, that is correct.

Thanks for the reply shervin143. This gives bit relaxation for me.. as i mentioned, my pay check was running monthly hence the pay stubs i have given is the recent and last pay stub without any miss. Now the only problem i guess will be arising is, if somehow i would not manage to file petition before my coming paycheck cycle and gap of employment. its not been a month to be laid off.

is this correct that i am thinking. Thanks again.

[jobseeker83]

Yes, that is correct.

Thanks shervin143.

One more update and hence query also... My petition has been filed in new company and package has been received at USCIS... so can i start working in new company now...i heard that hard receipt of petition takes sometime a week to come.