LCA filed when in status but not h1b

[h1b_kri]

Hello

I am getting laid off today (9/18) but found another job and they filed my lca on 9/14, which is still in process. They will file my H1-b under premium processing either on 9/22 or 9/23(depending on when they receive lca back). What are chances that my h1b will be approved or have an rfe? I have current i94 valid till 2017. I also have my last paystub as of today which ill be submitting when petition is filed... Plz help.

Thanks

[shervin143]

Such a small gap between employment will not have any impact on your transfer. If you miss a pay check for a month or so, then it will be a problem as it will clearly show that you were out of status on H1B.

Hello

I am getting laid off today (9/18) but found another job and they filed my lca on 9/14, which is still in process. They will file my H1-b under premium processing either on 9/22 or 9/23(depending on when they receive lca back). What are chances that my h1b will be approved or have an rfe? I have current i94 valid till 2017. I also have my last paystub as of today which ill be submitting when petition is filed... Plz help.

Thanks

[h1b_kri]

Such a small gap between employment will not have any impact on your transfer. If you miss a pay check for a month or so, then it will be a problem as it will clearly show that you were out of status on H1B.

Thank you shervin

[h1b_kri]

I got my finAl paycheck on 18th and my h1 was filed on 30th September. My last paycheck has unused pto paid off. And it has message saying final pay through 9/18. Will this cause any issues during my transfer? Could someone plz let me know

Thank you shervin

[kabkaba]

No one can predict. The only way to find out is by applying. Technically there is a gap between your last day of work and USCIS filing date (receipt date will be even later than actual delivery date) and it is up to USCIS's discretion to ignore that gap.