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Out of status H1

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  • Out of status H1

    I have a question related to my situation.
    Basically I was laid-off on June1 2012. I am on H1 visa.

    Now my previous employer (a typical H1 consultant) with whom i worked before my last job, offered me a Job , on June 21 .
    He says , my H1 petition with them is still valid . They did not withdraw it.
    I looked that old H1 petition and it is valid till end of this year.

    My old employer says , he just needs to file new LCA and file an H1 extension later in the year.

    My question, is if that is true ? Can this be possible ?

    Please advise.

  • #2
    The employer will either need to file a new LCA and the H1B transfer or you will need to leave the country and return back on their valid H1B visa to get an I-94 associated to their petition to start working for them.
    Not a legal advice. Use of this information is strictly at your own risk.