H1B Petition After Resignation

[immcphelp]

Hi,

I have been laid off on Jan, 2011 and then subsequently found a job and started working for the new company (company A) on Apr, 2011. I was out of status for about 3 months and company A filed a petition to extend my H1B and was approved.

Early this month, I decided to resign from this company A and purse other opportunities. I got an offer from company B and they will be filing another petition for me. During this time, I was about 3 weeks out of status.

My question is will the fact that I am out of status twice (but less than 180 days) compromise my chance of getting the new petition approved by USCIS?

Thanks

[shervin143]

You need to have the latest pay slips to prove that you have been maintaining your H1B status. If not, the chances of the H1B petition getting approved is very less. Being out of status will reflect in your W2 and it can cause issues when you attend the visa interview or when you file your GC.

[onlineseek]

Hello,

I am currently in UK. I hold the valid H1B (i.e the expire date is May 2013) from my employer. However, I resigned them to persue my higher education. My employer has withdrawn my H1B based on my resignation. So what happens to my H1B in this case? If I want to join my previous employer or any new employer, will it be new H1B application? Will it again come under annual quota?

I am also eligible to apply L2. I am unable decide which option is good. Searching jobs in US with L2 and EAD or with withdrawn H1B ?

Thank you very much for your time.

You need to have the latest pay slips to prove that you have been maintaining your H1B status. If not, the chances of the H1B petition getting approved is very less. Being out of status will reflect in your W2 and it can cause issues when you attend the visa interview or when you file your GC.

[shervin143]

I am currently in UK. I hold the valid H1B (i.e the expire date is May 2013) from my employer. However, I resigned them to persue my higher education. My employer has withdrawn my H1B based on my resignation. So what happens to my H1B in this case? If I want to join my previous employer or any new employer, will it be new H1B application? Will it again come under annual quota?
>>> Already answered in your other post. Try to avoid duplicate posts. New H1B petition need to be filed using the CAP from the previous H1B approval notice. No need to go through the CAP again.

I am also eligible to apply L2. I am unable decide which option is good. Searching jobs in US with L2 and EAD or with withdrawn H1B ?
>>> Both are valid options. You decide which will work for you. If you decide to go in H1B, the employer will need to file a petition and it should get approved before you can travel.