Second H1B pending renewal and possible layoff urgent!

[sddesh]

Hi friends,

Any guidance from you in this situation would be great help.

1. My Current H1 is expiring on 03 Aug 12 but my current company has filed renewal and is still pending ( received receipt from USCIS ), Since my current project is cancelled there is a chance that I may loose job before my H1 Approval comes back from USCIS, What should I do in that case ? Can I change my job when my current renewal is pending.
2. Do I have to be a full time paid employee or can I be on unpaid leave of absence or only Paid Time off (PTO) till my H1 approval? Is unpaid leave of absence allowed for a one/two weeks and then I can start using my PTO?
3. In case of layoff does the company continue processing and can they give me H1 Approval receipt, how do I maintain my visa status in that case ? Do I have to go on any other visa till then ? which visa would it be easier to transfer back to H1 once I get new job offer ?
4. In case if I don’t get the approval would that mean I have to apply for new H1 next year ?
5. In case I take an assignment overseas within my company would that affect the h1 processing in anyway ?

Your comments and suggestions would be really helpful to me.

Best Regards,
SDdesh

[shervin143]

1. My Current H1 is expiring on 03 Aug 12 but my current company has filed renewal and is still pending ( received receipt from USCIS ), Since my current project is cancelled there is a chance that I may loose job before my H1 Approval comes back from USCIS, What should I do in that case ? Can I change my job when my current renewal is pending.
>>> You can transfer your petition to a new employer before the curent I-94 expires. If your current I-94 expires in August, then you should act fast to find an employer who can file the transfer immediately. The documents should reach USCIS before the current I-94 expiry date for a smooth transfer.

2. Do I have to be a full time paid employee or can I be on unpaid leave of absence or only Paid Time off (PTO) till my H1 approval? Is unpaid leave of absence allowed for a one/two weeks and then I can start using my PTO?
>>> Unpaid leave is not allowed when you are in H1B. You should be working and getting paid. You can start working for the new employer as soon as the transfer is filed and you receive the H1B transfer receipt notice from USCIS.

3. In case of layoff does the company continue processing and can they give me H1 Approval receipt, how do I maintain my visa status in that case ? Do I have to go on any other visa till then ? which visa would it be easier to transfer back to H1 once I get new job offer ?
>>> Well, convertying to B2 and then back to H1B will complicate things. Any new employer can file a CAP exempt H1B petition for you and request an immediate start date. If you get laid off before the transfer can be filed, then the best option is to leave the country and wait for the new employer's petition to get approved and then enter U.S using that petition and a valid H1B visa.

4. In case if I don’t get the approval would that mean I have to apply for new H1 next year ?
>>> No. If you have not completed all 6 years in the H1B CAP, then any U.S employer can file a CAP exempt petition for you anytime within the next 6 years and request an immediate start date.

5. In case I take an assignment overseas within my company would that affect the h1 processing in anyway ?
>>> No.