Need urgent advice..getting laid off

[amkara]

I am getting laid off. My last day working with my current company will be in a week from now. My employer will contact their lawyer in the following week to inform the USCIS that i am no longer working with them.

1. Now i am going to get H1B visa tranfer to some other company say xx. If xx files for LCA and then H1 transfer i.e my current company's petition to revoke my H1B reaches before my H1B transfer application for xx then i will be in problem?

2. While xx will be filing for my H1B transfer, i will not be getting paid for sometime, in that case i will be out of status for some time? If yes then this out of status will effect my H1B transfer?

[kadkhiq81]

Need urgent advice..getting laid off

1. The rule is that the H1 petition should reach USCIS before your last working day with the current company. Normally new LCA would take 15 days of time to get it certified. I would recommend you to apply the transfer in premium and get the result in 15 days.

2. Yes, Out of status will always leads to a problems if it's not now, USCIS might question you for the future applications.

To avoid, try to talk to your current employer and explain the situation. You might need at least another 25 days for smooth transfer.

This is my opinion.