H1B layoff, working on transfer but can I travel outside of the USA

[Iamconfused123]

Hi all,

I was laid off on April 12th, 2016 from company A. I did not receive any notice of the lay off. Company A informed me that they notified USCIS of the termination that day. The h1B with company A was valid until Sept 8th, 2017 as well as my most recent I-94 and I am still in the USA


I found another job with company B and accepted the position on April 29th, 2016. They are working on an I-129 to transfer the H1B Visa and extend the visa. They intend to send the paperwork off by monday or tuesday of next week (May 16th or 17th) under regular processing. They have not hired lawyers for the paperwork which I am a little concerned about.

Here are my questions.

1) Is it possible to both extend my visa and transfer it to Company B without leaving the country?
2) When can I start working for company B? I hear it is when they receive the paperwork and notify me, if this is true, how long do they take to show receipt of the paperwork?
3) I am currently out of status so what would be the best steps forward while this transfer paperwork is being done? Should I leave the USA or stay put? I am concerned that my being here out of status will affect the outcome. I am also concerned that if I leave the country now it will effect me coming back in.

Any advice that can be offered will be greatly appreciated.

[raghvi]

Hi all,

I was laid off on April 12th, 2016 from company A. I did not receive any notice of the lay off. Company A informed me that they notified USCIS of the termination that day. The h1B with company A was valid until Sept 8th, 2017 as well as my most recent I-94 and I am still in the USA


I found another job with company B and accepted the position on April 29th, 2016. They are working on an I-129 to transfer the H1B Visa and extend the visa. They intend to send the paperwork off by monday or tuesday of next week (May 16th or 17th) under regular processing. They have not hired lawyers for the paperwork which I am a little concerned about.

Here are my questions.

1) Is it possible to both extend my visa and transfer it to Company B without leaving the country?
2) When can I start working for company B? I hear it is when they receive the paperwork and notify me, if this is true, how long do they take to show receipt of the paperwork?
3) I am currently out of status so what would be the best steps forward while this transfer paperwork is being done? Should I leave the USA or stay put? I am concerned that my being here out of status will affect the outcome. I am also concerned that if I leave the country now it will effect me coming back in.

Any advice that can be offered will be greatly appreciated.

1. I doubt that as you are currently out of status. Further, not filing the transfer in premium as well not having lawyers does not augur well.
2. I would say only post getting the approval with a new I-94, but guess that would not have been possible as you were laid off without much notice. Was there no provision for a notice in your employment agreement?
3. First thing is to ask B to file it in premium, offer to pay the cost for that. If rejected, you dont have much option other than leaving.

This is my opinion not legal advice.