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Laid off / H1 transfer questions -- Request for help

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  • Laid off / H1 transfer questions -- Request for help

    Hi All,

    I am in a difficult situation wherein I got laid off from a full-time job (on H1B -- company X) recently in last week of Dec 2015. I filed my H1 transfer with company A (consulting firm) in first week of Jan 2016. I called the immigration team from my previous company X and they said that they have already submitted application for my H1 revocation in first week of Jan itself. Now, my H1 application from A is in process and hasn't been approved yet (normal processing).

    I got a full-time offer from company B last week of Jan and they are ready to do H1 transfer in premium. Company B is one the most prominent software companies in the US. My concerns are:

    1. A has not yet paid me; am I out of status currently ?
    2. Can B file my H1 transfer with documents only from X; meaning I have no pay stubs from A ? Can i count on this situation ?
    3. Or should I start working for A asap and ask B to wait ?

    I request you to provide me some inputs as to what would be the best thing to do. Any help is highly appreciated.

    Thanks a lot everyone,

  • #2
    I am in the same situation . Pls advice .
    Also a quick question ..I shall be considered back in status only when my payroll starts (new company) or once I get my h1 transfer reciept number from new company ?
    Pls advice .

    Comment


    • #3
      B can certainly file their petition. But the problem is that you are out of status from the last day of work. Paystubs, revocation letter etc. does not matter. Any transfer will get approved without I-94 since it will be filed after last day of work.
      This is my opinion and not legal advice.

      Comment


      • #4
        Thanks @kabkaba,

        just hoping for the best.

        Originally posted by kabkaba View Post
        B can certainly file their petition. But the problem is that you are out of status from the last day of work. Paystubs, revocation letter etc. does not matter. Any transfer will get approved without I-94 since it will be filed after last day of work.

        Comment

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