I was on H1b visa for company A. valid until June 2010
Got laid-off on dec 9th 2008.
Company sent notification of visa termination to USCIS on Jan 31st.
My latest paystub is dated Jan.16
I applied for COS to B2, receipt dated Feb. 3
I recently found company B willing to sponsor me.
This is when it gets confusing: two lawyers and two USCIS officials told me I can transfer to campany B and start working as soon as they fill a petition since my original h1 has not been revoked yet.
Today I consulted with an attorney specialiazed in visas who told me I should leave the country right. Since I have been out of status since my termination date. he also said, when i come back if I fill for h1 transfer I will be subject to visa cap since Company was non-profit and company B is profit.
I'm very confused as to what should I do now...can I apply for H1 transfer since B2 is pending or am I unlawfully present and need to leave country asap?
I would really really appreciate an answer to this. Thank you very much
Got laid-off on dec 9th 2008.
Company sent notification of visa termination to USCIS on Jan 31st.
My latest paystub is dated Jan.16
I applied for COS to B2, receipt dated Feb. 3
I recently found company B willing to sponsor me.
This is when it gets confusing: two lawyers and two USCIS officials told me I can transfer to campany B and start working as soon as they fill a petition since my original h1 has not been revoked yet.
Today I consulted with an attorney specialiazed in visas who told me I should leave the country right. Since I have been out of status since my termination date. he also said, when i come back if I fill for h1 transfer I will be subject to visa cap since Company was non-profit and company B is profit.
I'm very confused as to what should I do now...can I apply for H1 transfer since B2 is pending or am I unlawfully present and need to leave country asap?
I would really really appreciate an answer to this. Thank you very much
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