Complicated H1B visa Help

[qli707]

My university submitted my H1B extension late and my first H1B expired on February 28th, 2013. Fortunately, USCIS approved the extension with discretion. However, my new starting date is March 30th, 2013 and it ends on May 31st, 2014. However, my contract ends on May 12th, 2014.

I found a job in another university and planned to apply for H1B transfer. My questions are：

1) What should be my starting date on my H1B transfer or contract? May 12th or May 31st?

2) Will I be considered out of status if my new H1B starts on June 1st, 2014 because my contract ends on May 12th, 2014 (My H1B expires on May 31st, 2014)?

3) Will it affect me to apply for the H1B transfer and GC because of the gap (February 28th-March 20th, 2013) in between my previous H1B extension?

Sorry about the confusing. Thank you for your answers.

[Nattybone]

Hello, Qli707.

From what i understand, H1B status validity (for whatever duration H1B is valid for) is dependent upon monthly payroll. Once the payroll ceases to run, even if the H1B expiration date has not yet arrived, the H1B visa goes out of status. So, if your H1B is valid till 31 May 2014 and your employment and subsequent payroll stops after May 12, you would be out of status from May 13 onwards.

1) Your new employment should commence from May 13. Please do not allow even a day's gap in employment when on H1B visa.

2) Your visa is valid till 31st May, so the new employer, when filing for transfer, has to mention the date of employment beginning May 13 till whatever time. When the visa gets transferred, i) Your new I797 will / should carry beginning date May 13 and a fresh expiry (possibly extended date) basis the employment period mentioned in the petition.

3) From the time of filing GC till getting GC, you need to maintain status. If you fail to maintain status, then you would not be eligible to file. E.g.: If you are currently maintaining your GC and H1B status, then some past minor falling out of status, should not be a problem. People do lose status for some time - as the H1B to GC journey is a long one.

These are personal opinions. I am not a professional.

All the best.

Cheers,

My university submitted my H1B extension late and my first H1B expired on February 28th, 2013. Fortunately, USCIS approved the extension with discretion. However, my new starting date is March 30th, 2013 and it ends on May 31st, 2014. However, my contract ends on May 12th, 2014.

I found a job in another university and planned to apply for H1B transfer. My questions are：

1) What should be my starting date on my H1B transfer or contract? May 12th or May 31st?

2) Will I be considered out of status if my new H1B starts on June 1st, 2014 because my contract ends on May 12th, 2014 (My H1B expires on May 31st, 2014)?

3) Will it affect me to apply for the H1B transfer and GC because of the gap (February 28th-March 20th, 2013) in between my previous H1B extension?

Sorry about the confusing. Thank you for your answers.