H1B Tranfer after lay off

[sonia109]

Hi,
I got laid off about 5 months back. Recently I have been offered a job and the company is open to sponsor the H1B transfer. I was looking to find out if anyone has been in this situation and let me know of anything that might be important for this scenario or possible hurdles that I might face. Appreciate it.

Regards,
Sonia

[shervin143]

What is your current immigration status? Did you apply for a COS to any other valid status after your got laid off?

If you are out of status on H1B right now, then the chances of a successful transfer is very less. You will need the latest pay slips to prove that you are maintaining the valid H1B status. The H1B might get approved for Consular Process when you are out of status.

[sonia109]

Thanks for the reply. I did have severence pay till the end of july and I had applied for a change of status with USCIS about 3 weeks back and its still under processing.

Sonia

[txh1b]

If you were getting paid until end of July and applied for a transfer only 3 weeks back, USCIS may possibly ask for the paystubs or not. It really depends on the Adjudications officer handling your case.

If they do, your EOS may likely get denied and they may approve the H1. That means you would have to travel outside and return for a I-94 to work for the new employer.