H1 Transfer - help

[Disha1008]

Hi all,

I am currently working on H1b visa.Unfortunately,my company has decided to terminate my services within this week due to current Job Market.Now I have the following concerns:


1. My employer says that they will notify USCIS about my VISA cancellation on my last day itself.
- Is there any rule/law which does not allow the employer to cancel/terminate an H1B visa on the last working day for an employer(or immediately)?
- Is there any duration for which the Employer needs to wait to terminate a H1B visa of the worker who is laid off.
- Also once the notification is sent to the USCIS ,how long does it take to cancel the VISA for USCIS?
- how much time do I have to transfer my H1 visa with another employer or to H4 visa

2. Also I have spent 3 yrs of my visa and had applied for 3 yrs extension which got approved last week.Now the new approval notice has been received by my employer but I am unsure whether they will give it to me.My Old approval notice is valid till September 29, 2010.Considering this,
- Will I be able to transfer my H1B to another company using my Old approval notice or I would need the New approval notice?

3.I have received the paystub for the last 2 weeks as per the normal payroll schedule and will be recieving the final compensation and payment for 5 days of this week in the next payroll run which will be around 29th August,2010.Now with these paystubs,can I apply for an H1b transfer?If so,till when can I use these paystubs to start an H1 transfer(earliest deadline for applying an H1 transfer using these paystubs?)

4. Lastly,now if I need to file for H1 transfer,do I need to apply for my H1 transfer before last day of my work (i,e, should the new application beto USCIS before my last day of work) OR
if I can wait,then how much time after my last day can i wait before I get some employer who is ready to file for my H1 transfer?

Please advise.Thanks again for your time and consideration.


BR,
Disha

[shervin143]

- Is there any rule/law which does not allow the employer to cancel/terminate an H1B visa on the last working day for an employer(or immediately)?
>>> There is no such rule. They can revoke the H1B petition anytime they want.

- Is there any duration for which the Employer needs to wait to terminate a H1B visa of the worker who is laid off.
>>> No.

- Also once the notification is sent to the USCIS ,how long does it take to cancel the VISA for USCIS?
>>> That does not matter. From the date on which the revoke notification is sent to USCIS, your will be out of status (Provided your current I-94 is still valid). When you are out of status H1B transfer is not possible.

- how much time do I have to transfer my H1 visa with another employer or to H4 visa
>>> Your application for transfer or H4 petition should reach USCIS before your last day in the current job.

2. Also I have spent 3 yrs of my visa and had applied for 3 yrs extension which got approved last week.Now the new approval notice has been received by my employer but I am unsure whether they will give it to me.My Old approval notice is valid till September 29, 2010.Considering this,
- Will I be able to transfer my H1B to another company using my Old approval notice or I would need the New approval notice?
>>> You can use the petition that you have with a copy of the current I-94 and pay slips to prove that you are legal immigrant and you are maintaining your valid H1B status. Ask you employer for a copy of the new approval notice. I don't see why they would give it to you when they have decided to terminate.

3.I have received the paystub for the last 2 weeks as per the normal payroll schedule and will be recieving the final compensation and payment for 5 days of this week in the next payroll run which will be around 29th August,2010.Now with these paystubs,can I apply for an H1b transfer?
>>> Yes.

If so,till when can I use these paystubs to start an H1 transfer(earliest deadline for applying an H1 transfer using these paystubs?)
>>> Before your last working day on the job. Starting 30th August, you will be out of status on H1B if a transfer or COS to another status is not filed.

4. Lastly,now if I need to file for H1 transfer,do I need to apply for my H1 transfer before last day of my work (i,e, should the new application beto USCIS before my last day of work)
>>> The application should reach USCOS before your last working day.

OR
if I can wait,then how much time after my last day can i wait before I get some employer who is ready to file for my H1 transfer?
>>> See above answer.

[Disha1008]

Thanks Shervin.

- Also once the notification is sent to the USCIS ,how long does it take to cancel the VISA for USCIS?
>>> That does not matter. From the date on which the revoke notification is sent to USCIS, your will be out of status (Provided your current I-94 is still valid). When you are out of status H1B transfer is not possible.

My current(old) i-94 and approval both are valid till 29th sep 2010.However my company had applied for my H1b extension which has been approved from 30th august 2010.Considering this,do I have to still apply for my h1 transfer before my last dya of work i.e. 20th august 2010 or before 29th sep 2010(my old approval last valid date) or august 30th 2010(start date of my new approval notice) ????Please advise.

[shervin143]

When you apply for the H1B transfer, one of the important document is the latest pay slips. If you cannot submit the latest pay slips, then the chances of a successful transfer is very less. So your application for transfer should have reached USCIS before 30th August to make this process as smooth as possible. From 30th August you are considered out of status on H1B (You are OOS because you are no longer in any job but still in H1B status. When you are in H1B you need to be working and getting paid)

[Disha1008]

I had applied for my H1b extension 3 months back which has got approved and has validiy starting from August 30th 2010.My earlier approval notice is valid till Sep 15 2010.

Now if I need to transfer my H1b to another company,can I use the old approval notice?


Thanks!

[shervin143]

Yes.

[txh1b]

You should provide both notices to your new attorney. In case the request doesn't make it to USCIS before the 30th, you likely want to show you were in status during the time to avoid unnecessary delay and RFEs.