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Valid I94 on H1B but leaving the company

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  • Valid I94 on H1B but leaving the company

    Hi,

    I have a situation here. I am in H1B & have a valid I94 till October 2012. I plan to join another company from August 2012, but they have not started filing my H1B transfer. In the meantime, my current employer is asking me to leave the company.

    My question is can I stay in USA after I leave my current employer till My new employer files my H1B transfer i.e. in July?

  • #2
    No. You will go out of status if you stay in the country without pay slips on H1B and when you are out of status the transfer will not get approved with a new I-94, rather it will get declined or will get approved for consular process. Being out of status can cause isues with the future petition, visa stamping and immigration process.
    Not a legal advice. Use of this information is strictly at your own risk.

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