H1B Transfer Question

[j79.a_imm]

Hi,

I had a few questions with regards to the following:

https://www.immihelp.com/h1-visa-lay-off-job-loss-faq/

a. It has been 48 days since I was laid off from my previous employer (A). I haven't filed a change of status, though I did find a new employer (B). They haven't filed my H1-B Transfer yet.
Should I wait in the US until they file my H1 Transfer or leave the country (if it exceeds 30 - 60 day rule)?

b. Once they file an H1 Transfer petition, can I start working for the new employer or should I wait until it's approved?

c. What are the chances that USCIS will not issue an I-94?

d. Regarding my previous employer, are/ were they obligated to provide me with a severance package for 3 months?


Please advise.

Thanks
J

[kabkaba]

Hi,

I had a few questions with regards to the following:

https://www.immihelp.com/h1-visa-lay-off-job-loss-faq/

a. It has been 48 days since I was laid off from my previous employer (A). I haven't filed a change of status, though I did find a new employer (B). They haven't filed my H1-B Transfer yet.
Should I wait in the US until they file my H1 Transfer or leave the country (if it exceeds 30 - 60 day rule)? -- There is no 30-60 day rule, you are out of status as soon as you stop working. Your previous employer is required by law to pay for your ticket to home country. B's petition will not be approved with a new I-94, you will have to leave and return any way.

b. Once they file an H1 Transfer petition, can I start working for the new employer or should I wait until it's approved? -- See above, since the petition is filed when you are out of status, it will not be approved with new I-94.

c. What are the chances that USCIS will not issue an I-94? -- Very high

d. Regarding my previous employer, are/ were they obligated to provide me with a severance package for 3 months? -- That depends whether you have any contract with them. The only thing required by law is ticket to home country.


Please advise.

Thanks
J

See above.