H1 transfer with almost 1 month gap

[anmolwrites]

Hi All,

I have some questions about H1 transfer. Some quick facts about my situation is as following

1) I was laid off from my last job on January 31, 2010. I have found an new employer who is going to file the H1B transfer petition on February 26, 2010.

2) My H1B visa and I94 expires in the end of 2011.

3) Both my previous employer and new employer are huge corporations.

4) I have earned a MS degree from USA.

5) I have the severance paystub than came on Feb 15th. However, it mentions "severance" in the earnings column.

6) The previous employer will inform USCIS about the situation by March end ie. they haven't revoked the visa as of now.




I am wondering if the small gap in employment (26days) could adversely affect the process of H1 transfer. Please advise.

[milda]

Yes. If the previous employer had revoke on 31-Jan-2010 and new employer is going to file in feb-end, the time during this time, you will be consider out of status. Practically, you are not allowed to stay in US a single day after getting out of status. But once check with some good attorney and then proceed. Otherwise, as per my knowledge, it will be going to definitely hurt your case.

[Note:- I am sharing my views, contact your attorney for the best advice.]

[anmolwrites]

The previous employer will inform USCIS about the situation by March end ie. they haven't revoked the visa as of now.

[milda]

OK. then I guess, you are still in safe situation. But to be in the safest condition, if possible, ask the previous employer to give you salary for this time and so, the paystub for this time.
[Note:- I am sharing my views, contact your attorney for the best advice.]

[shervin143]

Latest pay slips are required for H1B transfer. If there is an RFE for this, then you will need to provide it. If your previous employer hasn't revoked your H1B petition until now, then they are supposed to pay you.

The previous employer will inform USCIS about the situation by March end ie. they haven't revoked the visa as of now.

[abbaneeyabba]

Was through the same situation

Hi "Anmolwrites"...I was in the same situation 6 months ago. There a gap of about 40 days when I lost my job and when my new employer filed for H1. The company I was laid off from was a huge one so they dont give any pay stubs etc when u r laid off. But I just gave all the documents I had and the new employer filed for my H1 and it was approved

But I have heard stories about others getting RFC because they did not have the latest pay stub...so I feel I was a bit lucky I did not a RFC for not having the latest paystub.

There is not other option than just going in with what we have.

Good Luck!!

As everybody says....this is just my experience not any advise to you.

[anmolwrites]

I have the severance paystub than came on Feb 15th. However, it mentions "severance" in the earnings column.