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Laid off from job with H1B transfer still pending!!

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  • Laid off from job with H1B transfer still pending!!

    My employment with company A got terminated on April 15th ,2015 and they Notified USCIS that on April 22nd, 2015.I got a full time job on May 23rd and I signed the offer letter from Company B the same day !


    We agreed to file H1B transfer under premium processing(knowing the risks it would involve like not having the recent pay stubs and all..) and I started working for employer B from June 1st , the day we got the receipt. But the notification said that USICS has stopped accepting premium processing until July 27th, 2015 , so my case will be considered as regular filing now. Company B being a start up got shut down and laid off all its employees today i.e 16th June. 2015.

    I am not sure what options do I got now? I have another offer but then I am still left with my background check and they cant file my LCA until next week.


    Please help me know about my options from here.

    Any kind of help would be appreciated.

  • #2
    You were already out of status for about a month before joining Company B. Since Company A informed USCIS to revoke your H1B, it is hard to predict whether the transfer is approved will come with a new I-94 or not. You can still file another transfer from Company B to C. But that petition will be treated as a bridge petition. Meaning, if company B's petition gets denied, then Company C petition will also get denied. If company B's petition gets approved for consular process, then Company C's petition will also get approved for Consular process. If you have the latest pay slips from Company B, then you can file a transfer. If the transfer gets denied or if it gets approved for CP, then all the time spend in U.S will be considered to be out of status.

    If you want to play it safe, then the best option is to leave the country and return back when after Company C's transfer gets approved. It is very hard to predict what would happen in bridge petitions.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for your reply.I just contacted Employer A and got to know my Visa was revoked on June 6th , 2015 while my H1B transfer application from employer B reached USCIS on the 2nd of June. Does it help to get more information.

      Much appreciated!!
      Aditya Sharma

      Comment


      • #4
        Actually the latest pay slip that you attach will what will determine whether you were out of status or not. In your case since it was 1 pay slip that was missing while you filed your transfer, there are possibilities that USCIS might overlook that and approve your transfer with a new I-94. It all depends on who handles your case at USCIS. Some people have received RFEs for the latest payslip to prove that they maintained the status. Like I mentioned, you can file another transfer from B to C (Need to be done asap). Hope you have your play slip from Employer B. That is important to file the transfer.

        Originally posted by Aditya Sharma View Post
        Thanks for your reply.I just contacted Employer A and got to know my Visa was revoked on June 6th , 2015 while my H1B transfer application from employer B reached USCIS on the 2nd of June. Does it help to get more information.

        Much appreciated!!
        Aditya Sharma
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks shervin143 for your help. I do have one pay slip from Employer B and I have requested them to rum my Payroll until this month end and pay my severance as a pay check!! If I am not wrong the transfer petition to Employer C shall start before end of this month?

          I appreciate your help.

          Thanks,
          Aditya Sharma

          Comment


          • #6
            I have requested them to rum my Payroll until this month end and pay my severance as a pay check!!
            >>> Not sure what you mean by that. Your pay should match the approved LCA.

            If I am not wrong the transfer petition to Employer C shall start before end of this month?
            >>> I can't comment on that. That depends on when Employer C files the petition with USCIS. It takes about 10-12 days to get the LCA approved with DOL. H1B petition can be filed only after the LCA gets approved. Has Company C already filed the LCA?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              I have requested them to rum my Payroll until this month end and pay my severance as a pay check!!
              >>> Not sure what you mean by that. Your pay should match the approved LCA.

              >>> The company is supposed to pay me 15 day salary as severance , I requested them not to pay by check but direct deposit to my account as if they are paying me my salary.

              If I am not wrong the transfer petition to Employer C shall start before end of this month?
              >>> I can't comment on that. That depends on when Employer C files the petition with USCIS. It takes about 10-12 days to get the LCA approved with DOL. H1B petition can be filed only after the LCA gets approved. Has Company C already filed the LCA?

              >>> Company C will start my LCA next week once my background check is done , which is I think should be done either today or tomorrow.

              Comment


              • #8
                I am also in a similar situation

                Originally posted by Aditya Sharma View Post
                I have requested them to rum my Payroll until this month end and pay my severance as a pay check!!
                >>> Not sure what you mean by that. Your pay should match the approved LCA.

                >>> The company is supposed to pay me 15 day salary as severance , I requested them not to pay by check but direct deposit to my account as if they are paying me my salary.

                If I am not wrong the transfer petition to Employer C shall start before end of this month?
                >>> I can't comment on that. That depends on when Employer C files the petition with USCIS. It takes about 10-12 days to get the LCA approved with DOL. H1B petition can be filed only after the LCA gets approved. Has Company C already filed the LCA?

                >>> Company C will start my LCA next week once my background check is done , which is I think should be done either today or tomorrow.
                ------

                Hey Aditya, I am also in a similar situation, got laid off from employer A on May 22, they kept me as a special employee until June 26th (on payroll and benefits so my last date was June 26th). Got an offer with employer B on June 22nd and signed offer letter the same day, all documents sent to the immigration team at employer B on June 23rd. The recruiter has sent all documents over to the immigration/ mobility team. Background check also all completed successfully on June 22nd.

                The challenge is that recruiter is not connecting me yet with the law firm as they have requested not to follow-up explicitly. Now I have no idea when the LCA is being filed and when the petition is being filed.. as I have limited time now. Does getting an offer from employer B (on June 22nd) prior to last date and signing prior to last date i.e June 26th in my case qualify for me to stay in the country until H1B petition is filed and/or approved by company B?

                Please let me know if you have other suggestions/ recommendations? Also, how is your H1B transfer coming along?
                Thanks,

                Comment

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