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Laid off while H1 Transfer Process

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  • Laid off while H1 Transfer Process

    Hi All,

    I am in a bind right now and would like any feedback ..
    I got my H1 in 2010 with company A. got another offer with company B three months which I had accepted. I got laid while we were in the process of completing the H1 transfer.
    Can I use the H1 i had got from company A to apply for another job?

    any feedback would be greatly appreciated.

    Regards,
    Vikram

  • #2
    Are you present in the US? When do all your I-94's expire? Are you working for either A or B right now? Do you have another offer in hand?
    This is my opinion and not legal advice.

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    • #3
      Hi

      I am currently in the US, my I 94 expires with in two weeks. I was in the process of transferring from company A to B when I got laid off and USCS had sent an RFE for the request.

      Vikram

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      • #4
        So you quit A and joined B and then got laid off from B?
        In order to get transfer to say C, you must be working for either A (if they have not withdrawn their petition) or B (notice period). If neither of that is possible, you must leave the US. C may still file the petition and after approval you can use H1 Visa (current if valid or new if expired at that time) and C's approval notice to travel to US and work for C.
        This is my opinion and not legal advice.

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        • #5
          Thank you for your response. Is there any way to find out online if company A has not withdrawn the partition.

          Thanks,
          Vikram

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          • #6
            You can ask A. It only matters if you are working for them or if they can take you back.
            This is my opinion and not legal advice.

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