Out of status while H1 transfer happens ?

[akhil_agarwal1]

Hi,

I am working with Organization 'A' (with whom I have an approved H1B till 2016).
Now as my current project is coming to an end (and they dont have new projects) they have given me 2 weeks notice and my last working day (with Org 'A') is 31-Oct-13.

Meanwhile I got an offer letter from Org 'B' and they have initiated the H1B transfer process i.e. they have filed for an LCA (on 22-Oct) for which the approval is still pending (is expected in a day or two). Once the LCA approval comes in they will file I129 (premium processing) with USCIS. I expect that they will be submitting I129 (to USCIS) by 5th or 6th of Nov (for which the approval will take another 15 days under premium processing).

My questions are:

1. Will I be out of status after 31-Oct ?
2. Is it fine to continue to stay in US (as org 'B' is processing my H1 transfer)?

[Nattybone]

Hi,

I am working with Organization 'A' (with whom I have an approved H1B till 2016).
Now as my current project is coming to an end (and they dont have new projects) they have given me 2 weeks notice and my last working day (with Org 'A') is 31-Oct-13.

Meanwhile I got an offer letter from Org 'B' and they have initiated the H1B transfer process i.e. they have filed for an LCA (on 22-Oct) for which the approval is still pending (is expected in a day or two). Once the LCA approval comes in they will file I129 (premium processing) with USCIS. I expect that they will be submitting I129 (to USCIS) by 5th or 6th of Nov (for which the approval will take another 15 days under premium processing).

My questions are:

1. Will I be out of status after 31-Oct ?
2. Is it fine to continue to stay in US (as org 'B' is processing my H1 transfer)?

Hello, Akhil.

If Company A revokes your visa on 31st October and by that time you are unable to file for the transfer, i am afraid, you are Out of Status, as regards H1B visa (can you not request your Company A to extend it by 15 more days).

The likely outcome is, if the transfer petition is approved, i am responding considering the scenario of you being Out of Status, you will be asked to exit the country and get a fresh H1B stamp on your passport. You could also leave the country after 31st October 2013 and enter on Company B's I797 if and when it gets approved. This would be easy. You will not have to go for fresh stamping in this case.

I hope this helps. Wishing you luck.

Cheers,