expired H1B transfer to another company

[Helpme_please]

Hello All,

I got laid off recently and my employer has already sent out h1b cancellation notice to USCIS. Now I have a offer from other company, will there be an issue if new company files H1B transfer after the expired date?
Any Help appreciated, Thanks in advance.

[Helpme_please]

date I ended my job or date I got my last paycheck?

[shervin143]

When is your last working day with the current employer?

Hello All,

I got laid off recently and my employer has already sent out h1b cancellation notice to USCIS. Now I have a offer from other company, will there be an issue if new company files H1B transfer after the expired date?
Any Help appreciated, Thanks in advance.

[shervin143]

What's the date of your last pay check? Is your current I-94 still valid?

date I ended my job or date I got my last paycheck?

[Helpme_please]

What's the date of your last pay check? Is your current I-94 still valid?

My I94 is still valid.
my Last paycheck was on 20th and old employer letter mentioned that he sent out letter to UScis with13th as my last day.

[shervin143]

The ideal way in your case is to leave the country immediately. File the transfer and when the petition gets approved, travel back on the existing H1B visa (even if it has the old employer's name on it) and the newly approved H1B approval notice. That way, you will not accumulate any out of status period.

If you decide to stay back and file the transfer, then keep in mind that the chances of the transfer getting approved with a new I-94 is less in your case. But you can still give it a try if you act fast. Ask the new employer to file the transfer in premium to get the result within 15 days. That way, if the transfer gets rejected or gets approved without a new I-94, you still wouldn't have accumulated no more out of status period.

My I94 is still valid.
my Last paycheck was on 20th and old employer letter mentioned that he sent out letter to UScis with13th as my last day.

[Helpme_please]

The ideal way in your case is to leave the country immediately. File the transfer and when the petition gets approved, travel back on the existing H1B visa (even if it has the old employer's name on it) and the newly approved H1B approval notice. That way, you will not accumulate any out of status period.

If you decide to stay back and file the transfer, then keep in mind that the chances of the transfer getting approved with a new I-94 is less in your case. But you can still give it a try if you act fast. Ask the new employer to file the transfer in premium to get the result within 15 days. That way, if the transfer gets rejected or gets approved without a new I-94, you still wouldn't have accumulated no more out of status period.

How many days in general USCIS approximately takes to revoke a H1B?

[shervin143]

It really doesn't matter when the revoke happens. They go by that date of your last pay slips and when the letter to revoke your petition was received by them.

How many days in general USCIS approximately takes to revoke a H1B?

[Helpme_please]

It really doesn't matter when the revoke happens. They go by that date of your last pay slips and when the letter to revoke your petition was received by them.

My new employer already filed LCA and should be getting it in next 2 days, will that put me on the safer side?

[shervin143]

Yes, it can help. Ask the employer to keep the documents and form I-129 ready, so that they can file the petition immediately when the LCA gets approved.

My new employer already filed LCA and should be getting it in next 2 days, will that put me on the safer side?