Lay off in H1B transfer

[usabrightfuture]

I applied for H1b visa transferred in Nov 08 inspite of not having recent pay stubs. After applying transfer, I started working for new employer.
Last week I got query from USCIS asking my latest pay stubs (Oct 08) and yesterday I got Laid off from my new job after working for 4 months (till Feb 09).

My husband is on L1B visa.
In my case
1. Shall I consider transferring to L2? for this do I need to go to my home country (India) for L2 stamp?
2. If COS to L2 is approved, Can I work on my old H1B again if I find an employer who is ready for transfer?
3. If I travel to my home country(India), will my H1B visa be cancelled? as currently i don't have any H1B approval.
4. Whether the Request For Evidence(REF) on my H1B transfer will have any implication on L2 stamping?

Please help ..
Regards ..

[Subramanya]

I applied for H1b visa transferred in Nov 08 inspite of not having recent pay stubs. After applying transfer, I started working for new employer.
Last week I got query from USCIS asking my latest pay stubs (Oct 08) and yesterday I got Laid off from my new job after working for 4 months (till Feb 09).

My husband is on L1B visa.
In my case

1. Shall I consider transferring to L2? for this do I need to go to my home country (India) for L2 stamp?

---- Yes, transfer to L2 immediately and there is no need for you to leave US for this purpose. If you leave you need not apply for COS from H1 to L2, instead you can go for a L2 visa

2. If COS to L2 is approved, Can I work on my old H1B again if I find an employer who is ready for transfer?

---- Yes, you can. But you should have your pay stubs from your earlier employer to prove your status. If you cannot get your pay from that employer complain to DOL immediately so that you can get paid

3. If I travel to my home country(India), will my H1B visa be cancelled? as currently i don't have any H1B approval.

---- No. Nothing gets cancelled. But ensure that you have proper legal status by having your COS from H1 to L2 approved or you leave the US immediately on completion of your H1 based employment

4. Whether the Request For Evidence(REF) on my H1B transfer will have any implication on L2 stamping?

---- No, it does not. However, you have to proe your legal status of stay on H1 in the US

Subramanya

[usabrightfuture]

Thanks a lot Subramanya for quick reply.

I have few questions based on your answer

>>>Just to verify my understanding: my H1B visa will remain intact, irrespective of the option I choose COS or L2 from India - H1B will not get canceled in any case. I can enter USA on L2 and can transfer to H1B anytime.


>>>>> 1. Do you suggest COS over L2 visa from India OR other way round (considering the pending RFE)?

>>> Because of RFE, I was previously told that I might need to go to Canada / India for re-stamp H1B visa and enter on new I94 (In case USCIS is not satisfied with evidence /explanation). So as I got laid off, what happens with my H1B Transfer process (For which USCIS has raised RFE)

>>>>> 4. IF USCIS is not satisfied by the explanation/evidence for RFE I give for employment gap, what is the worst possible outcome? Whether it can jeopardise my L2 visa/COS, future prospect of returning on H1B or GC processing?

Thanks again ..
Waiting for your reply
Regards ..

[Subramanya]

I have few questions based on your answer

>>>Just to verify my understanding: my H1B visa will remain intact, irrespective of the option I choose COS or L2 from India - H1B will not get canceled in any case. I can enter USA on L2 and can transfer to H1B anytime.


>>>>> 1. Do you suggest COS over L2 visa from India OR other way round (considering the pending RFE)?

---- If you have all the paystubs and you are confident either option is ok. However, doing a COS will enable you to continue to stay in the US without spending too much money on travel and visa fees. In my personal opinion if I were you I would go for a COS

>>> Because of RFE, I was previously told that I might need to go to Canada / India for re-stamp H1B visa and enter on new I94 (In case USCIS is not satisfied with evidence /explanation). So as I got laid off, what happens with my H1B Transfer process (For which USCIS has raised RFE)

>>>>> 4. IF USCIS is not satisfied by the explanation/evidence for RFE I give for employment gap, what is the worst possible outcome? Whether it can jeopardise my L2 visa/COS, future prospect of returning on H1B or GC processing?

---- If USCIS is not satisfied, it will not be satisfied even if you go out of US and apply for a visa (this is in case the VO refers your case to the USCIS under so many procedures). If you do have the sligthest doubt about these RFE's and other questions, go to India (as that seems to be your country of origin) and apply for the L2 visa and if queries are raised you can stay at home with your family till the time all the doubts are cleared and the US Consulate issues a visa

---- Do not keep doubting yourself or the system and imagine the questions that can be raised. Stop somewhere and let things take shape. You can control only so much. The matters that you do not have control, you cannot do anything about them. Let divine forces and almighty powers decide these matters (hoping that you believe in them)

Subramanya

[usabrightfuture]

Thank you very much ... I really appreciate ...