H1B transfer after layoff

[gauravhelp]

Hi,

I had a quick clarification. This is my current situation

I was laid off from a software firm on 9th May 2016. My last date in that company was 9th May and I did not get any severance. So my paycheck's last day was 9th May, 2016

I recently accepted 1 job offer. I was hoping to take a vacation before I start with the new jon and here is the dilemma I am facing

- I was initially thinking of getting my H1B transferred, start to work at the new company and then leave on unpaid leave for 3 weeks to India. Apparently, I cannot be on unpaid leave when on H1B is what my employers told me.
- Now, can I get my H1B transferred. And as soon as I get the receipt (assuming a week from when I file it under Premium Processing), can I leave for India, get the H1B stamped and return by end of July to start working with the new employer.

What are the options I have here?

[raghvi]

Hi,

I had a quick clarification. This is my current situation

I was laid off from a software firm on 9th May 2016. My last date in that company was 9th May and I did not get any severance. So my paycheck's last day was 9th May, 2016

I recently accepted 1 job offer. I was hoping to take a vacation before I start with the new jon and here is the dilemma I am facing

- I was initially thinking of getting my H1B transferred, start to work at the new company and then leave on unpaid leave for 3 weeks to India. Apparently, I cannot be on unpaid leave when on H1B is what my employers told me.
- Now, can I get my H1B transferred. And as soon as I get the receipt (assuming a week from when I file it under Premium Processing), can I leave for India, get the H1B stamped and return by end of July to start working with the new employer.

What are the options I have here?

Without currently getting paid, you are basically out of status, so it makes sense that you get the transfer filed and leave, and upon approval , go for stamping with the new petition.

This is my opinion not legal advice.