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  • Layoff on H1B

    I was working on H1B with Employer A. Three months back I joined a new Employer B after an H1b transfer. Now my new employer B has announced a layoff and I am losing my job.
    1)How long do I have after my last paystub to change my employer and do an H1-B transfer?
    2)If my previous Employer A has not canelled my H1B and not informed USCIS about my resignation could I join back him now? Is there any paper work that needs to be completed to start working for him again? Is my previous H1B still valid?

    Thank you. I am really worried.

  • #2
    1. No grace period.

    2.
    A. Yes
    B. No
    C. Yes
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Thanks a lot.
      Even if my current employer B cancels my H1B due to the layoff am I still ok with my earlier H1-b. Is there still no need for any paper work to maintain my status?

      Thanks.

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      • #4
        Even if my current employer B cancels my H1B due to the layoff am I still ok with my earlier H1-b.
        You are OK if employer "A" has not revoked your petition. If they have already revoked it then you have to find a new employer asap for transfer. There is no grace period after layoff.

        Is there still no need for any paper work to maintain my status?
        No paperwork required with USCIS. Once you go on the employer "A"'s payroll you are fine with status. But do it asap.
        I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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