Tweet
Hi everyone, I was laid off on Dec. 5th. 2012, and my last pay stub is on Dec. 21th, 2012. Then I have to face a long holiday and had no progress for my job search. But my previous employer didn't revoke my H1b. But I know I was out of status since Dec.21th. I got an offer on Jan.18th and new employer is filing my petition in these days.
The lawyer for new employer told me that termination of employment affects the ability for me to qualify for a change of employer petition. I need to remain employed and in valid H-1B status until they filed the petition. I will now have to wait until the H-1B is approved before I can begin your employment with new employer. It might take 7-14 days to get an H-1B ready to file depending on how fast they can obtain the information and documentation needed and once the petition is filed it will take 10-15 days for it be adjudicated by the USCIS by using premium processing. But my new employer has not ok’d filing via premium processing yet.
My question:
1. Since my previous employer hasn't revoked my H1b, what's the chance for my case to get approval, my pay stub gap is almost 40 days considering the lawyer still need 7 days to file the petition.
2. My expected beginning date is Feb. 4th. Will this impact my offer from new employer? Have you heard of someone with similar situation but got offer revoked finally?
3. What's the difference for "h1b already revoked" and "not revoked by previous employer" for my case? In either way my latest pay stub have one month gap. The H1b filing processes for two cases are the same?
Thanks a lot,
Sagra
The lawyer for new employer told me that termination of employment affects the ability for me to qualify for a change of employer petition. I need to remain employed and in valid H-1B status until they filed the petition. I will now have to wait until the H-1B is approved before I can begin your employment with new employer. It might take 7-14 days to get an H-1B ready to file depending on how fast they can obtain the information and documentation needed and once the petition is filed it will take 10-15 days for it be adjudicated by the USCIS by using premium processing. But my new employer has not ok’d filing via premium processing yet.
My question:
1. Since my previous employer hasn't revoked my H1b, what's the chance for my case to get approval, my pay stub gap is almost 40 days considering the lawyer still need 7 days to file the petition.
2. My expected beginning date is Feb. 4th. Will this impact my offer from new employer? Have you heard of someone with similar situation but got offer revoked finally?
3. What's the difference for "h1b already revoked" and "not revoked by previous employer" for my case? In either way my latest pay stub have one month gap. The H1b filing processes for two cases are the same?
Thanks a lot,
Sagra
Comment