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I was served layoff notice on 1/6/2014 and I was informed my termination date is 1/8/2014 and upon my request Company A., changed the termination date to 1/10/2014. It was a sudden layoff without any prior notice. The very next day, I started job hunt and had many interview calls. On 2/11/2014, I got verbal offer from Company B., and on 2/17/2014, I got written official offer letter from Company B. Company B filed my LCA, and by the time LCA was approved, it was 3/14/2014. Soon after the LCA was approved, Company B filed my H1B on 3/14/2014. I joined Company B., on 3/24/2014 even before my H1B got approved. I got RFE on 4/10/2014 from USCIS asking for missing pay checks and asking my legal status. I sent RFE response to Company B., on May 8th 2014 I attached all the documents asked to provide by one of the private immigration lawyer to the legal department at Company B. On 5/23/2014 Company B terminated me from the job even before my H1B approval.
I have labor and I-140 approved from Company A., they have not revoked my H1B nor I-140. I am planning to go back to India before I stay more than 180 days and get debarred for 3 years from entering into US. The questions I have are:
1. If I find another job and the company is ready to sponsor my H1B under consular processing, do I come under regular H1B quota which starts April every year or it is considered a regular H1B transfer? Can this transfer be done in India also?
2. Is there any time limit for H1B transfer if I stay away from US for certain number of months or years
3. Can I transfer to another employer on H1B and use my current pay stubs from Company B.?
4. Next time when I come on H1B, can I still use priority dates from approved I-140?
5. What will happen if Company A revokes my H1B or I-140 or both ? Am I still exempt from the H1B Cap?
Thanks in Advance
A K
I have labor and I-140 approved from Company A., they have not revoked my H1B nor I-140. I am planning to go back to India before I stay more than 180 days and get debarred for 3 years from entering into US. The questions I have are:
1. If I find another job and the company is ready to sponsor my H1B under consular processing, do I come under regular H1B quota which starts April every year or it is considered a regular H1B transfer? Can this transfer be done in India also?
2. Is there any time limit for H1B transfer if I stay away from US for certain number of months or years
3. Can I transfer to another employer on H1B and use my current pay stubs from Company B.?
4. Next time when I come on H1B, can I still use priority dates from approved I-140?
5. What will happen if Company A revokes my H1B or I-140 or both ? Am I still exempt from the H1B Cap?
Thanks in Advance
A K
