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H1B Laid off and got a new job offer, please help

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  • H1B Laid off and got a new job offer, please help

    I got laid off on Jan 9, 2004 and my last pay stub was mailed on Jan 16, 2004.

    I now have an offer at hand from another company and they're willing to sponsor.

    Am I ok to just go ahead and do an H1 transfer? or do I need to file a new H1b and maybe use premium processing?

    Do I need to leave the country? or am I still OK?

    Your help is greatly appreciated.

  • #2
    I got laid off on Jan 9, 2004 and my last pay stub was mailed on Jan 16, 2004.

    I now have an offer at hand from another company and they're willing to sponsor.

    Am I ok to just go ahead and do an H1 transfer? or do I need to file a new H1b and maybe use premium processing?

    Do I need to leave the country? or am I still OK?

    Your help is greatly appreciated.

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    • #3
      You are out of status since the day you were laid off. Therefore, you cannot file a change of employer petition. You will have to file as a brand new H and yes, you will have to go abroad to be interviewed in order to get the visa. Since not a lot of time has passed, you will likely be ok.

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      • #4
        Thank you NYC for a fast reply.

        The visa is only needed if I want to be able to travel back and forth to the US, right?

        If I'm not planning on leaving the US, I don't need to get a visa, correct?

        Comment


        • #5
          Since this would be like a new H-1B filing, it would not fall under portability. You would not need to go abroad if you were in valid H-1B status all this time, but you've been out of status since early January. Even if you're not planning to leave the U.S., the fact that you are filing a new H-1B petition means that your petition, if approved, will be cabled overseas.

          Is this somewhat clear? Am I making some sense? Please ask if you're not sure.

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          • #6
            I believe I understand what you've said, but I thought that if a person finds another sponsoring company within 10 days of termination/layoff he can move to to another?

            MY thing is, how will the offices know that I was laid off if I'm applying for a transfer and I'm still within the 10 days...

            (Leaving the country and applying for a visa takes about 2-3 weeks and that will probably be a problem for the new company that gave me the offer....)

            I can't believe this is happening ... I hate lay offs

            Comment


            • #7
              Some people might mistaken the 10 day period of leaving the country once your H1-B is terminated as a grace period to get another H1-B visa sponsorship. The INS/USCIS does provide leniency in this case, but its by no mean a guarantee. I think they review it on a case by case basis, but dont quote on me that....afterall this is USCIS we 're talking here

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