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  • H1B laid off

    Hello

    I was on H1B and worked in USA for more than year on H1B. I have valid stamp in my passport.

    Got laid off on 16 dec 2015. Employer said they will inform USCIS to revoke my petition. So I will be out of status.

    I found new employer who filed for LCA. Today on 13th Jan 2016 they filed for H1B in premium processing.

    What are chances of acceptance ?
    1. If it gets rejected I have no option but to leave USA. Correct ?
    2. I heard most likely visa might get approved but no I94 (Form I797B). If that happens do I need to get new stamp on passport or original stamp with new approval is enough?

    Any guidance will be helpful.

    Thanks

  • #2
    What are chances of acceptance ?
    >>> If your transfer is filed with December's pay slip, then you are good. When did you receive your last pay statement?

    1. If it gets rejected I have no option but to leave USA. Correct ?
    >>> Right.

    2. I heard most likely visa might get approved but no I94 (Form I797B). If that happens do I need to get new stamp on passport or original stamp with new approval is enough?
    >>> Exist valid visa with the new approval notice will work. But your I-94 can be issued only till the visa expiry date even if the petition is valid for a long time.
    Not a legal advice. Use of this information is strictly at your own risk.

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