H1 Layed off

[krishnakarumuri]

Hi,

I came to USA in Dec-2006 with company A. Later I have changed to company B and transfered my visa to company B in Mar-2008. Company B layed me off on 16-Oct-2008 with out any prior notice and told me that I am out of status on same day. I have got the formal termination letter also. How come they simply fire an employee who is on H1 status? I am sure that company A revoked my H1.

Well, I have now found a new employer/company "C" who is ready to apply for my H1 transfer and I have sent my papers/documents today. He will submit my paper work to INS asap. Please help me with my doubts following:

1. Would my H1 transfer approved with out any issues?
2. Do I need to go back to India and come back with new visa approval/stamp? Or Can I stay here in US? (My first visa approved through company A in Oct-2006 and still valid until Oct-2009). I went to India in Aug-2008 and returned US with my new approval notice from company B.
3. Do I need to file for another visa status until my visa transfer with company C get approved?
4. Can I start working for company C as soon as he submits my paper work with INS?

I would appreciate your valuable suggestions/replies. Your answers would save my life/future.

Thanks,
Krishna

[Subramanya]

H1 concerns

[QUOTE=krishnakarumuri]Hi,

I came to USA in Dec-2006 with company A. Later I have changed to company B and transfered my visa to company B in Mar-2008. Company B layed me off on 16-Oct-2008 with out any prior notice and told me that I am out of status on same day. I have got the formal termination letter also. How come they simply fire an employee who is on H1 status? I am sure that company A revoked my H1.

Well, I have now found a new employer/company "C" who is ready to apply for my H1 transfer and I have sent my papers/documents today. He will submit my paper work to INS asap. Please help me with my doubts following:

1. Would my H1 transfer approved with out any issues?

---- If all your paper work is accurate and your employer is genuine, then your case should be approved. However, be prepared for an RFE on your side or your employer's side as nothing concrete can be said at any point of time in this H1 process

2. Do I need to go back to India and come back with new visa approval/stamp? Or Can I stay here in US? (My first visa approved through company A in Oct-2006 and still valid until Oct-2009). I went to India in Aug-2008 and returned US with my new approval notice from company B.

---- You can continue staying in the US once you have received a receipt and upto 230 days till your H1 transfer isa pporved. There is no need for you to go to India, as the transferred H1 will come with an I-94 until its date of validity

3. Do I need to file for another visa status until my visa transfer with company C get approved?

---- Basically there is no need. You should be able to join company C once you receive the receipt notice

4. Can I start working for company C as soon as he submits my paper work with INS?

---- Refer Q3

Subramanya

[krishnakarumuri]

H1 Layed off

Hi Subramanya,

Thanks a lot for your reply and I am now stoped worrying abit.

Thanks,
Krishna