Laid off between OPT to H1b transfer

[at158444]

Jan-20-2015 OPT Start Date
April-01-2015 H1b Filed
Aug-10-2015 H1b Approved; On August 10, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker.
Sept-24-2015 Termination of Active Employment/Last day work,Pay and benefits Continuation for 10 weeks
Oct-01-2015 H1B Start Date
Dec-03-2015 Termination Date of Pay Continuation; Employer will file H1b Revoke Application
Jan-19-2016 OPT End date
============================================================ ===========================================================
QUESTIONS
Will I get the H1b status? If I gets H1B status, how much time it will be valid? Will I be out of status becaue of termination? I am not in active employment on 1st Oct.

If I will not get H1b, will I get the OPT back? My change of status will be on 1st Oct.

If new employer files regular h1b transfer on 05 oct can i still get the continuation payment from emc till dec 12/03/2015? Can new employer do premium processing for h1b transfer in midweek of nov?

[at158444]

Attaching Termination Letter

Friends,
I am attaching the termination letter. Please help me.

Jan-20-2015 OPT Start Date
April-01-2015 H1b Filed
Aug-10-2015 H1b Approved; On August 10, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker.
Sept-24-2015 Termination of Active Employment/Last day work,Pay and benefits Continuation for 10 weeks
Oct-01-2015 H1B Start Date
Dec-03-2015 Termination Date of Pay Continuation; Employer will file H1b Revoke Application
Jan-19-2016 OPT End date
============================================================ ===========================================================
QUESTIONS
Will I get the H1b status? If I gets H1B status, how much time it will be valid? Will I be out of status becaue of termination? I am not in active employment on 1st Oct.

If I will not get H1b, will I get the OPT back? My change of status will be on 1st Oct.

If new employer files regular h1b transfer on 05 oct can i still get the continuation payment from emc till dec 12/03/2015? Can new employer do premium processing for h1b transfer in midweek of nov?

[shervin143]

If you will will get pay slip for the month of October, then you can use that to prove your H1B status. You can use that to transfer your H1B to another employer. Any employer can file the transfer in premium process post Oct 1st. You will need at least a copy of your H1B approval to file the transfer.

[at158444]

Urgent Follow up questions. please reply

If you will will get pay slip for the month of October, then you can use that to prove your H1B status. You can use that to transfer your H1B to another employer. Any employer can file the transfer in premium process post Oct 1st. You will need at least a copy of your H1B approval to file the transfer.

QUESTIONS
If I gets H1B status, how much time it will be valid? Will I be out of status because of termination? Is there any possible solution to save the H1b status? (I do not know if the pay stubs will have SSN fee and Medicare or that exactly will be mentioned there)

Q2 I have a new employer (a consultancy) who is willing to help me. They can file a LCA tomorrow (27, Sept) and PREMIUM H1b transfer application within as soon LCA is approved.
Will this can save me from getting out of status? Will I be able to maintain the H1b status?

Termination Letter
"We regret to inform you that your active employment with EMC will terminate today" (Sept-24-2015)
"If you accept the pay and beenfits under pay the ISP, Pay Continuatuon will end on your "Termination date" which will be the earliest to occur of (a) The Pay continuation end date (after 10 weeks) (b) your obtaining new Employment as defined in Agreement"
"If you choose not to accept the pay and benefits under the ISP, you need not to take any action. In such case, your effective termination date will be of two weeks from your last day worked."

Q3 Which is a better option? Will it help if
a) Old employer agrees to adjust termination date by 1 week.
b) Will paying ISP as paychecks and NOT revoking my H1b application for next 10 weeks, makes my visa transferable or saves me from getting out of status?
c) If some other team of old employer hires me, will I be saved?

[shervin143]

USCIS doesn't care about your termination letter. The way the figure out if you were out of status or not is by looking at your pay slips. As long as the employer has not send a notice to revoke your H1B petition and you have pay slips, you are considered to be in-status. So if possible, ask your employer not to revoke the H1B until the new employer files the H1B transfer and receives the receipt notice. Also, since your employer will anyhow pay your salary for next month, you are good as that pay slip can be used to prove that you are in-status.

QUESTIONS
If I gets H1B status, how much time it will be valid? Will I be out of status because of termination? Is there any possible solution to save the H1b status? (I do not know if the pay stubs will have SSN fee and Medicare or that exactly will be mentioned there)

Q2 I have a new employer (a consultancy) who is willing to help me. They can file a LCA tomorrow (27, Sept) and PREMIUM H1b transfer application within as soon LCA is approved.
Will this can save me from getting out of status? Will I be able to maintain the H1b status?

Termination Letter
"We regret to inform you that your active employment with EMC will terminate today" (Sept-24-2015)
"If you accept the pay and beenfits under pay the ISP, Pay Continuatuon will end on your "Termination date" which will be the earliest to occur of (a) The Pay continuation end date (after 10 weeks) (b) your obtaining new Employment as defined in Agreement"
"If you choose not to accept the pay and benefits under the ISP, you need not to take any action. In such case, your effective termination date will be of two weeks from your last day worked."

Q3 Which is a better option? Will it help if
a) Old employer agrees to adjust termination date by 1 week.
b) Will paying ISP as paychecks and NOT revoking my H1b application for next 10 weeks, makes my visa transferable or saves me from getting out of status?
c) If some other team of old employer hires me, will I be saved?