Layoff on h1b on 26th Feb and new company filing h1b transfer on 26th MARCH

[komal2]

Hello All,

I am on H1B visa, I got laid off on 26th feb 2016. I already have a job and the new company is filing my H1B on 26th March in premium processing. My I49 expiration date is in Nov 2018 .

My last paycheque was on 26th Feb. The comments on the paycheque says final paycheque.

Lawyers and the new employer do not know about the Layoff.
My old company will not revoke the H1B for another few months.

Question.

1..What issues or concerns would i face , would i get a RFE ?
2.. Would the comment final paycheque matter in the comments section?

Thanks

komal.

[raghvi]

Hello All,

I am on H1B visa, I got laid off on 26th feb 2016. I already have a job and the new company is filing my H1B on 26th March in premium processing. My I49 expiration date is in Nov 2018 .

My last paycheque was on 26th Feb. The comments on the paycheque says final paycheque.

Lawyers and the new employer do not know about the Layoff.
My old company will not revoke the H1B for another few months.

Question.

1..What issues or concerns would i face , would i get a RFE ?
2.. Would the comment final paycheque matter in the comments section?

Thanks

komal.

1. Yes. You are basically out of status from 26th Feb onward.
2. As I said, post your final pay you are out of status. Once out of status, a transfer will not be approved with a new I-94 , it may get approved as consular process which will require you to leave US and re enter with approved petition from next employer.

This is my opinion not legal advice.

[komal2]

thank you !
But how will USICS get to know if the H1B is not revoked from the old employer ?

[raghvi]

thank you !
But how will USICS get to know if the H1B is not revoked from the old employer ?

USCIS will ask for latest paystubs. So assuming your petition reaches them say April 1st. They would want to see paystubs till at least March 15th from A, in order to ascertain that you are in valid status. Since the petition documents will not have your MArch 15th Pay stub, they would raise an RFE.

This is my opinion not legal advice.

[komal2]

Thank you. So what is the best possible solution to get h1 transfered ?

[raghvi]

Thank you. So what is the best possible solution to get h1 transfered ?

if everything else is good, worst case it may get approved as consular and then you would have to leave US and re enter on fresh petition with a valid visa.

This is my opinion not legal advice.

[komal2]

hey ,

So my petition was sent to USICS on 20th march they received on 222nd march and send us a receipt notice saying tht they are working.
It is under premium processing.
The last payslip they have is till 26 th feb.
would the h1b petiition get approved

[raghvi]

hey ,

So my petition was sent to USICS on 20th march they received on 222nd march and send us a receipt notice saying tht they are working.
It is under premium processing.
The last payslip they have is till 26 th feb.
would the h1b petiition get approved

The petition may get approved but whether you will get a new I-94 or not is difficult to say. As I mentioned earlier, you are technically out of status from 26th Feb onward and once out of status, a transfer or COS is generally not approved with a new I-94.

This is my opinion not legal advice

[bloodymary]

The petition may get approved but whether you will get a new I-94 or not is difficult to say. As I mentioned earlier, you are technically out of status from 26th Feb onward and once out of status, a transfer or COS is generally not approved with a new I-94.

This is my opinion not legal advice

Hi,

I am almost in the same situation. Got laid off on 29 feb , had 2.5 years left on my H1 , I140 approved.
Applied H4 , as dependent on my husband's H1. USCIS received my H4 application on Mar 14.. today is April 1st and haven't yet received a H4 receipt. How long will it usually take to generate a H4 receipt?
Now I have an offer from another employer. How should they apply for H1 transfer? Do they need H4 receipt or what is the procedure?

I'd appreciate any help.

Thanks.

[ddh]

Hi,

I am almost in the same situation. Got laid off on 29 feb , had 2.5 years left on my H1 , I140 approved.
Applied H4 , as dependent on my husband's H1. USCIS received my H4 application on Mar 14.. today is April 1st and haven't yet received a H4 receipt. How long will it usually take to generate a H4 receipt?
Now I have an offer from another employer. How should they apply for H1 transfer? Do they need H4 receipt or what is the procedure?

I'd appreciate any help.

Thanks.

Hi,

Could you please let me know what happened in your case?, did you get your H4 approved yet?. I am in the same boat, i was laid off on April 18th and i filed my H4 on 19th April and now waiting for the receipt. There is likely another employer who is willing to do my H1 transfer, but i am not sure how to go about it. Please let me know what happened with your case, it will be very helpful. Thank you very much.