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Hello All,
I am on H1-B with company A and there is a very high possibility of getting laid off pretty soon. Can someone please answer the below questions as this is very critical for me now.
a) Usually after laying off the employees, how long does it take for the Company to withdraw H1-B Application of the employee by informing USCIS. Is there any waiting period like 3 weeks or is it immediate. Whenever Company A decide to lay off the employee, they just say that today is the last day with the Company. In this scenario how long can one stay in USA after being laid off.
I am looking for the alternatives to do a H1-B Transfer with Company B who is ready to do a H1-B Transfer. But there are the following issues. I would need a Project with a client and a client letter or a vendor letter to support the documentation while applying for H1-B with USCIS.
1) If a H1-B Transfer is applied by Company B, how long does it take to get the H1-B receipt notice for normal Application ( i.e., not in Premium Processing ). How long does it take to get RFE's. ( I expect to get a RFE because in the initial application supporting documents like Project Client letter is needed which Company B guy cannot submit as he is just applying for my H1-B. I hope to get the project say in a month or so after the new H1-B is applied as I dont have a ready project. )
2) I also want to check details of being in Status or Out of Status and weigh my options. I heard that if Company B just applies H1-B for me I am in Status but I cannot yet work for them till I get the H1-B receipt notice from USCIS. Is that correct. In this scenario for example if Company A lays off on 20th but Company B applies for H1-B on 26, are the 5 days in between considered as out of status and USCCIS can reject H1-B application by Company B on that basis.
Can someone please clarify this questions. This is very critical for me.
Thanks,
I am on H1-B with company A and there is a very high possibility of getting laid off pretty soon. Can someone please answer the below questions as this is very critical for me now.
a) Usually after laying off the employees, how long does it take for the Company to withdraw H1-B Application of the employee by informing USCIS. Is there any waiting period like 3 weeks or is it immediate. Whenever Company A decide to lay off the employee, they just say that today is the last day with the Company. In this scenario how long can one stay in USA after being laid off.
I am looking for the alternatives to do a H1-B Transfer with Company B who is ready to do a H1-B Transfer. But there are the following issues. I would need a Project with a client and a client letter or a vendor letter to support the documentation while applying for H1-B with USCIS.
1) If a H1-B Transfer is applied by Company B, how long does it take to get the H1-B receipt notice for normal Application ( i.e., not in Premium Processing ). How long does it take to get RFE's. ( I expect to get a RFE because in the initial application supporting documents like Project Client letter is needed which Company B guy cannot submit as he is just applying for my H1-B. I hope to get the project say in a month or so after the new H1-B is applied as I dont have a ready project. )
2) I also want to check details of being in Status or Out of Status and weigh my options. I heard that if Company B just applies H1-B for me I am in Status but I cannot yet work for them till I get the H1-B receipt notice from USCIS. Is that correct. In this scenario for example if Company A lays off on 20th but Company B applies for H1-B on 26, are the 5 days in between considered as out of status and USCCIS can reject H1-B application by Company B on that basis.
Can someone please clarify this questions. This is very critical for me.
Thanks,
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