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Seeking insights: Company closing down, Leave of Absence granted, seeking h1 transfer

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  • Seeking insights: Company closing down, Leave of Absence granted, seeking h1 transfer

    Hi All,

    I am in a unique situation where the company is closing down and gave me very short notice (about 2 weeks before the operations started getting shut down). I was adviced by the company to take voluntary leave of absence to look for another job or face a layoff. I asked for 4 months unpaid leave of absence in a written format. After my leave started when i googled my situation, I realized that I have been out of status the day my paycheck ended. But it seems the time between last paycheck and the new h1 transfer petitions are in an immigration gray area as I have heard both stories so far; success and failure.

    I am nearing the end of 4 months unpaid vacation now. Have to say that I used this time more to de-stress from my work than to find a new job. As a consequence though, I understand that I might be denied an h1 transfer if i do find a job now and I am ready for this. My current situation is this though:

    I have interviews scheduled in some big companies (the like of Microsoft, if u may) and I feel I have a good chance. If i do get hired, for the transfer process I would have paychecks from 4 months ago and the LOA approval letter until the time now. My previous company is not a consultant and is in a good standing so far with USCIS. They would be informing USCIS about revocation soon after my vacation time ends and I presume my transfer petition by the new company would be filed somewhat at the same time(1-2 weeks after my vacation ends). So here are my questions:

    1. What are the chances that they approve the transfer petition ? Any such experiences before ?

    2. What are the chances with premium processing and consular process ?

    3. Do i have to apply for COS to b2 for my time in US after the approved vacation time (which of course is atleast a reason on paper for my stay here until now). This is just to cover the time that I ll be in US after my LOA time.

    4. What if i am in India at this time ? (1. At the time of petitioning and 2. after the petition is done and is in process)

    4. Could you guys explain any similar experiences from self or friends where there was big gap between jobs (2 to 6 months) without status and yet h1b transfer got approved ?

    Thanks all for the information and for this forum

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