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  • H1 transfer questions

    Hi,

    The company I am currently working for is being closed down on 8/31/08. I hold a H1B visa for this company which is valid till 10/1/08. I will be paid a severance amount after the closure. If I receive the severance amount as paychecks over 3 months, is my visa status valid till 10/1(assuming that the company does not report to CIS)?

    If I transfer my H1 temporarily to Company 2 which does not pay me, and I still get pay from Company 1, is my visa status still good? That is, is there a limitation on the number of days that I can be on H1 with a company without getting paid?

    Is an H1-B transfer possible to company 3, with a gap of no paychecks for 2 months or more from company 2?

    Thanks.
    Last edited by allreject; 08-06-2008, 03:23 PM.

  • #2
    *bump*

    Comment


    • #3
      You are out of status the day you get laid off as per the books. You getting severance as paycheck can show proof of your status to USCIS during a transfer but officially as per the law you are not in status.

      You can get paid from company A and once you join B, you should get paid from them and H1b severance pay has to be collected as a lumpsum as you cannot get paid from two sources at the same time.

      Search for "bridging" on the forum to read about company C.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        thanks txh1b.

        I read about bridging. And I have a few questions to clarify.

        I am currently on company A which would shut down end of Aug. My i-94 expires on 10/1/2008 (as my of h1b would expire 10/1/2008 - first 3 years).

        I know that I would be out of status after Aug. My lawyer said that 30 or 60 days grace period is NOT written anywhere and USCIS do not have to be lenient about it so do not bank on it.

        Since my i-94 expires on 10/1, should I find a company B quickly to apply for H1B well before 10/1? If I apply after 10/1, would it be rejected?

        Please help. I would really appreciate it.

        Comment


        • #5
          I read somewhere:

          Without paychecks even though one is on H1B visa, it is not a valid H1B status. i.e. paychecks are necessary.

          Please confirm this.

          And that would answer my 3rd question, "Is an H1-B transfer possible to company 3, with a gap of no paychecks for 2 months or more from company 2?"

          This would not be possible then, correct?


          Please reply. Any help is really appreciated. Thanks.

          Comment


          • #6
            Follow your lawyer's words. No paystubs = No status = No further transfers allowed. There is NO grace period.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              txh1b,

              About bridging (filing for #3 h1b petition when #2 h1b decision is pending), as per my lawyer, despite filing #3 with premium, #2's petition is decided first and then #3's - contrary to stated in the forum.

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