Very Ugent - Help needed , Laid off by Employer A and got a offer from Employer A aga

[viv_usa]

Hi Everyone,
I am seriously in need of some serious help as the situation is really murky.
I was working for Employer A till december 2010 then i was told as part of reorganizing my position was eliminated. I was looking for job and i was home for 20 days and in the meantime Company A sent a requst to revoke my H1. I was offered a position by company B in the end of January 2011 and filed for my Visa transfer. As i was getting interviewed for some positions from company A , Company A offered me a position which i am really interested in and i want to join. But now company A wants a proof that i am authorise to work in US as i was laid off and was home for like 20 days before company B filed for my H1 transfer. I really want to work for company A and i dont know how to tackle the visa situation. I seriously need help soon as i have to inform compaany A whether i am taking the position or not.

[kabkaba]

If transfer (new petition) was filed before your last day of work, you can provide the receipt as proof of valid status.

[viv_usa]

my last day was dec 31st 2010 , but Employer B (new employer) filed my petition in the end of january. it confuses me now that petition filed by employer B will be considered as New H1b petition or H1b transfer petition.

[shervin143]

It would be anew H1B petition under the current CAP. The posibility is that your H1B could get approved without a new I-94. If that was the case, then you need to leave the country and re-enter back with Company B petition.

my last day was dec 31st 2010 , but Employer B (new employer) filed my petition in the end of january. it confuses me now that petition filed by employer B will be considered as New H1b petition or H1b transfer petition.

[kabkaba]

Since there is a 30 day gap between last day of work and new petition filing, you are out of status. It is highly likely that even B's petition is denied or approved without I-94. You can consult an attorney, but extension of status for you seems highly unlikely. If any petition is approved without I-94 you will have to leave the US and return to reinstate your status.

[viv_usa]

I spoke to my first company's legal person. He informed me that , i was out of status from the very 1st january of 2011 and there is nothing like 30 day grace period. but employer B which filed my petition in the last week of january of 2011 will be considered as transfer not a new petition under a new cap. As my companys A request to revoke a visa which was sent in mid Jan , takes months to revoke it. he suggested me if i got an offer from Company A again then i can use company B's reciept to file for my transfer with my company A which might not be even needed as i might be active for company A. All i gotta do is to file my petition with company A with premium processing. I hope he was right.

[shervin143]

Not sure what you are getting at. If you read the previous replies carefully, there is no where it is mentioned that there is a 30 days grace period. What was mentioned is that you are out of status for 30 days. Your out of status period starts from the last date of your pay slip with employer A (It doesn't matter when USCIS was informed about the revoke). Employer A has already send a notice to revoke your H1B. It doesn't matter whether it takes 10 days or 3 months for USCIS to act on that revoke.

When you are out of status, any kind of successful transfer is not possible. Transfer is nothing but a new H1B petition under the current CAP from your existing approval notice. The chances are that, your H1B could very well get approved without a new I-94 (approved for consular process) irrespective of whether it is a normal process or premium. It is advisable to go for premium since yu will know the result within 15 days.

[viv_usa]

Hi Shervin ,
It was not for you but it was for the other person who replied to my post. I appreciate everyone's input.
I was in conversation with everyone yesterday. Company B (CurreNT Employer) , their legal department told me that it will be a h1 transfer under the old cap as there was no cap left for this year anyways. and they filed my petition with 30 days of laid off , some INS proposition but its not a law. At the same time Company A ( company who laid me off and now offered a position again) is trying to cancel the request to revoke my earlier petition filed by them. i am just updating here with what i am getting from company , it might help someone in future. Suggestions are welcome to help my case so i can refer that siggestion to the legal