regd H1 Transfer and questions

[infoqry]

Hello All,


I am on H1-B with company A and there is a very high possibility of getting laid off pretty soon. Can someone please answer the below questions as this is very critical for me now.

a) Usually after laying off the employees, how long does it take for the Company to withdraw H1-B Application of the employee by informing USCIS. Is there any waiting period like 3 weeks or is it immediate. Whenever Company A decide to lay off the employee, they just say that today is the last day with the Company. In this scenario how long can one stay in USA after being laid off.


I am looking for the alternatives to do a H1-B Transfer with Company B who is ready to do a H1-B Transfer. But there are the following issues. I would need a Project with a client and a client letter or a vendor letter to support the documentation while applying for H1-B with USCIS.


1) If a H1-B Transfer is applied by Company B, how long does it take to get the H1-B receipt notice for normal Application ( i.e., not in Premium Processing ). How long does it take to get RFE's. ( I expect to get a RFE because in the initial application supporting documents like Project Client letter is needed which Company B guy cannot submit as he is just applying for my H1-B. I hope to get the project say in a month or so after the new H1-B is applied as I dont have a ready project. )

2) I also want to check details of being in Status or Out of Status and weigh my options. I heard that if Company B just applies H1-B for me I am in Status but I cannot yet work for them till I get the H1-B receipt notice from USCIS. Is that correct. In this scenario for example if Company A lays off on 20th but Company B applies for H1-B on 26, are the 5 days in between considered as out of status and USCCIS can reject H1-B application by Company B on that basis.


Can someone please clarify this questions. This is very critical for me.


Thanks,

[shervin143]

a) Usually after laying off the employees, how long does it take for the Company to withdraw H1-B Application of the employee by informing USCIS. Is there any waiting period like 3 weeks or is it immediate. Whenever Company A decide to lay off the employee, they just say that today is the last day with the Company. In this scenario how long can one stay in USA after being laid off.
>>> When they revoke the H1B petition should not be your concern. They can revoke it anytime or sometime they may not do that. You will go our of status as of the last working in the company . A H1B transfer or a change of status is not possible when you are out of status. If you belive that you might be laid off soon, then better find an employer who can transfer the H1B petition. In the mean time, continue working for the current employer and if the transfer is successful, you will still have the option of either joining the new employer or continuing with the existing one if things go okay.

I am looking for the alternatives to do a H1-B Transfer with Company B who is ready to do a H1-B Transfer. But there are the following issues. I would need a Project with a client and a client letter or a vendor letter to support the documentation while applying for H1-B with USCIS.


1) If a H1-B Transfer is applied by Company B, how long does it take to get the H1-B receipt notice for normal Application ( i.e., not in Premium Processing ). How long does it take to get RFE's. ( I expect to get a RFE because in the initial application supporting documents like Project Client letter is needed which Company B guy cannot submit as he is just applying for my H1-B. I hope to get the project say in a month or so after the new H1-B is applied as I dont have a ready project. )
>>> You will get the receipt notice within 10-12 days. You may get the RFE anytime. RFE cannot be predicted. It depends on when your application is taken for processing. Sometimes there may not be an RFE at all.

2) I also want to check details of being in Status or Out of Status and weigh my options. I heard that if Company B just applies H1-B for me I am in Status but I cannot yet work for them till I get the H1-B receipt notice from USCIS. Is that correct. In this scenario for example if Company A lays off on 20th but Company B applies for H1-B on 26, are the 5 days in between considered as out of status and USCCIS can reject H1-B application by Company B on that basis.
>>> You are considered out of status as of the last working day with company A if the H1B transfer is not filed by that time. However, if the transfer is filed within few days, the the chances of a successful H1B transfer is still high, since you will have the latest payslip in hand.

[infoqry]

regd the scenario of layoff

Hi Shervin,


Thanks a lot for the reply. I appreciate it. Even if I dont want to take H1 Transfer and just decide to go back to India, I cannot go back within 2-5 days. I may need to do quite some things like selling the car, closing the rental contracts, get the flight tickets etc., Than how should I maintain the status after being laid off for the remaining days I stay in US. How are the other people doing this because this is a common problem experienced by many Consultants in US. Can you please suggest.


Thanks,

[shervin143]

http://www.immihelp.com/forum/showthread.php?t=92901

Hi Shervin,


Thanks a lot for the reply. I appreciate it. Even if I dont want to take H1 Transfer and just decide to go back to India, I cannot go back within 2-5 days. I may need to do quite some things like selling the car, closing the rental contracts, get the flight tickets etc., Than how should I maintain the status after being laid off for the remaining days I stay in US. How are the other people doing this because this is a common problem experienced by many Consultants in US. Can you please suggest.


Thanks,

[infoqry]

Hello Shervin,


Many thanks for your replies. It is of good help. Can you please reply to the below.
For the scenario I mentioned if there is a layoff of the employee on 20th of October by Company A and the Company B has already applied H1-B Transfer for the employee and the H1-B receipt comes on 5th of November , as per the rule employee becomes eligible to work with Company B from 5th of November. Than from 20th of October to 5th of November, should the employee receive a Payslip from Company B to be in status.


Also assuming that on 25th of November there is an RFE and finally if on 25th of December there is a Visa Denial. But the employee would have been getting Payslips till 25th December. In this scenario is the employee in status or Out of status. After 25th December employee leaves US.


Can you please explain me this tricky scenarios based on which I can decide whether if its worth trying for H1-B Transfer or better to leave back to India. I guess this kind of infos would be very helpful for many guys who are or could be in similar scenarios and they could act wisely.


Regards,

[abhik2004]

H1 transfer ; visa stamping in Mexico

Hi Folks

Could anyone you share some info on the H1 visa stamping in Mexico for the situation as below.

I got my visa stamping done in India with company A last year. after I came back to US I moved to new company B and my H1 is tarnsfered and I still have one more year on my I-797; In the new company it sbeen 6 months. I have to travel to India for personal reasons.

but my company B is recommanding me to go to Mexico for visa stamping. but given the situation and things going I m worried not sure should i be going to India or Mexico for stamping?

could anyone of share you experience with me on this kind of situation please..If Mexico is better option then which consulate would be my best bet ?

Your reply is appreciated.

[infoqry]

Mr. abhik why dont you follow some forum etiquette. Why dont you raise separate post instead of adding your issue pertaining to my message. I am waiting for replies for the issue raised by me.

[abhik2004]

sorry buddy..I was new to this forum..I apologise..

[infoqry]

No problem. Please raise a separate message and hopefully somebody should reply. If you go to India for sure they would ask all the documentation and your present project and client letters. But advantage of being in India compared to foreign counsulates is if there is Visa rejection in India, you are in India and can go back to your home in India without any issue. But this is not the same in foreign Counsulates like Canada or Mexico and if you have a Visa rejection there than you would have to arrange a flight ticket from Mexico back to India. You cannot come back from Mexico to USA I guess. This is purely my view. Please check other peoples opinions.

__________________
Use of this information is strictly at your own risk.

[shervin143]

Many thanks for your replies. It is of good help. Can you please reply to the below.
For the scenario I mentioned if there is a layoff of the employee on 20th of October by Company A and the Company B has already applied H1-B Transfer for the employee and the H1-B receipt comes on 5th of November , as per the rule employee becomes eligible to work with Company B from 5th of November. Than from 20th of October to 5th of November, should the employee receive a Payslip from Company B to be in status.
>>> If you are very concern about the layoff and if you have already predicted the date, then it is advisable to ask the new employer to file the H1B transfer in premium processing. For premium processing case, the receipt notice will be emailed and you can start working for the new employer immediately. There is no need for you to wait for the hard copy of the receipt notice.

Also assuming that on 25th of November there is an RFE and finally if on 25th of December there is a Visa Denial. But the employee would have been getting Payslips till 25th December. In this scenario is the employee in status or Out of status. After 25th December employee leaves US.
>>> If the transfer gets denied, then you have to stop working for the new employer immediately and leave the country. Technically, you have worked for the new employer without the approval of USCIS. That is why it is safe to join the new employer only after a successful transfer. But since your case is critical, you can take the risk. If the transfer gets denied, then leave the country immediately.

Can you please explain me this tricky scenarios based on which I can decide whether if its worth trying for H1-B Transfer or better to leave back to India. I guess this kind of infos would be very helpful for many guys who are or could be in similar scenarios and they could act wisely.
>>> I would suggest you to file the transfer in premium and get the decision within 15 days instead of waiting for 2-3 months. That is the best option in your case. As long as the out of status period is minimum, there won't be much issues.

[ThePoster]

Need Info

Hey Sherwin,
Here is my case:

Got Laid off from Company A on April 22nd 2011. Company B filed my H1 Transfer on April 29th, Joined Company B on May 09th. My H1 B Visa is approved.


1) Would I face any issues in Stamping?
2) Should I ask Company B to issue Appointment letter as of April 22nd or earlier?


NB: No intention to hijack the thread, since mine was a related issue I am asking this query here.


Please let me know.
Thanks,
The Poster

[shervin143]

1) Would I face any issues in Stamping?
>>> It is very hard to predict. It depends on the VO and how deep he/she checks your paychecks. In most cases they check your recent payslips and so hopefully it own't be an issue.

2) Should I ask Company B to issue Appointment letter as of April 22nd or earlier?
>>> Appointment letter doesn't mean anything. What is important is your payslips. You need to have payslips with any break inbetween. That is what they check. They don't care about your offer letter.

[infoqry]

premium vs normal processing

Hello Shervin,


Thanks again for taking time and explaining to all of us regarding the issues. I understand Premium processing is the best scenario. But there is a Constraint. There is no readily available project or client letter. If the employer is a implementation partner who has lot of projects than the premium processing could be done. As the employer could support documentation to USCIS. Now since the project needs to be searched and if premium processing is done everything is known in 2-3 weeks and the visa can be denied also due to lack of client letter but there is a chance to have a success in normal processing for the scenario I mentioned. In this context,


1) For the scenario I mentioned if there is a layoff of the employee on 20th of October by Company A and the Company B has already applied H1-B Transfer for the employee and the H1-B receipt comes on 5th of November , as per the rule employee becomes eligible to work with Company B from 5th of November. Than from 20th of October to 5th of November, should the employee receive a Payslip from Company B to be in status or not. Can you please suggest.


This would help to decide if premium processing should be done or normal processing.


Regards,

[shervin143]

Technically you wait until the receipt notice to join the new employer because that is when USCIS accepted your petition and decided to process it. Meaning, you can join the new employer before the decision is made, but after properly notifying USCIS. There are only rare cases where the petition is not accepted by USCIS (cases like missing checks, missing application etc). So at least ask the new employer to send the documents through overnight FexEx and upon the documents reaching USCIS, join the new employer. Make sure they submit all the documents correctly and USCIS doesn't return it back without accepting it. This the only way you can try to avoid going out of status. I wouldn't normally suggest this to anyone. But if you cannot wait for the receipt notice from USCIS, then it is still okay to join based on the FedEx recipt notice.

Hello Shervin,


Thanks again for taking time and explaining to all of us regarding the issues. I understand Premium processing is the best scenario. But there is a Constraint. There is no readily available project or client letter. If the employer is a implementation partner who has lot of projects than the premium processing could be done. As the employer could support documentation to USCIS. Now since the project needs to be searched and if premium processing is done everything is known in 2-3 weeks and the visa can be denied also due to lack of client letter but there is a chance to have a success in normal processing for the scenario I mentioned. In this context,


1) For the scenario I mentioned if there is a layoff of the employee on 20th of October by Company A and the Company B has already applied H1-B Transfer for the employee and the H1-B receipt comes on 5th of November , as per the rule employee becomes eligible to work with Company B from 5th of November. Than from 20th of October to 5th of November, should the employee receive a Payslip from Company B to be in status or not. Can you please suggest.


This would help to decide if premium processing should be done or normal processing.


Regards,

[infoqry]

Thanks. It makes lot of sense. Since the situation is slightly dicey I must ask to have the Payslip to be dated from Oct 21 or the fedex receipt date which ever happens to be later to maintain the Status for the scenario I have mentioned.

Regards,