Urgent H1B Transfer Issue!!!

[Cherry2006]

Hi,
I have been on H1B for the past 3 years with Company-A. My last project has ended on May 01, 2008. Right now, they do not have many projects and want to send me back to India in 10 days.I had a similar situation before in March-08 and I have got my H1B transferred to another Company-B, but not yet approved. They are unable to find any projects till now and planning to join another Company-C, if they can find a project.

I have few queries/concerns below regarding new H1B transfer now to another employer, Company-C and personal reasons as well to deal with Company-A (My daughter is born here and yet to receive US Passport and
PIO card), which will hamper me to go back to India in 10 days.

1. My current employer, Company-A has set previously my last day in US as May 01, 2008, but has extended that to 10 days to plan for relocation to India viz., May 10, 2008. I have received my last Paystub this week and they have paid me till May 01, 2008. I understand they have to pay me till the last day I have been with them. So I should be getting Salary atleast till May 10, 2008...Correct?

2.Currently, I have to receive my daughter's Passport and apply for PIO card, which may take atleast 4 weeks to collect PIO card from now.So in this situation, is there a possibility that my Company-A can allow me on their H1B for the next 4 weeks. Are they obliged to pay me during these 4 weeks. If my Comapny-A does not want to understand this and ask me to leave for India on May 10...What should I do legally? What are the options I have so that I can stay legally till I get the PIO card for my daughter.

3.If I get a project to join in a new employer, Company-C after 2 weeks from now, will the last paystub that I got now , it will be 2-3 weeks old, is that good enough.

4.If my current Company-A cancels my H1B after 10 days & Company-B(H1B transfer to be approved) could not find a project even after 1-2 months, am I legal to stay in US. Can some other employer, Company-C apply for H1B transfer legally through Company-A's H1B, 1 month after this situation?

Please advise quickly as I am in a tough situation, professionally and personally

[C4us]

You are out of status once you are released by your employer. You have been released by your employer 5/1. You have the 10 day grace period to exit the country; you are not on their payroll during that time. You will not be paid after 5/1.

You can expedite your passport by appearing at the connsulate serving your area. Call and talk with them on Monday. The US does not care about your PIO card problems; they just care that you are out of status. You may remain in that status but it will affect your chances of future visas, approvals, and entries into the country.


It sounds as though there are 3 companies unable to find an opening for someone with your skills. This indicates the worsening economy is indeed affecting job opportunities in US.