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Lay Off and H1B transfer when extension is pending.

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  • Lay Off and H1B transfer when extension is pending.

    I was currently working on H1B visa with my employer A. Since the employer A dsnt have any more projects for me they have asked me to look for other employment. My last payroll runs til the end of this month..ie Jan 2016. My H1b got expired in last July 2015 and has been in extension process since then(Petition for Extension applied by Employer A).Its almost 6 months and result is expected by this month end. Even if i am laid off the employer has told they wnt revoke my visa immediately and have given me sometime to look for something else. There is now employer B who is willing to transfer my visa. How should i go ahead in this situation?Can the new employer B apply for my transfer with pending extension and recent lay off?As i want to join the new employer can someone help me as how to proceed with this situation?I would be glad if someone replies asap as the situation is critical.

  • #2
    A transfer can be filed based o the pending extension. But since your I-94 expired, your transfer will be a bridge petition. Make sure your current employer doesn't withdraw their extension petition. If they do that, then the transfer will get into trouble.
    Not a legal advice. Use of this information is strictly at your own risk.

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