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mprakash
03-18-2011, 08:01 PM
My employer has told me that my employment will be terminated by March 28. I have got another job offer (start date is 29th March) and New Employer is Filing Change of Employer (H1 transfer) on premium basis. The Attorney with New Employer is saying that they wont be able to file the application untill 30 or 31st March because they have to take Labor clearance and that take little time. They are going to file Labor clearance on March 21.

I am worried if I go out of status?

Now since my old employer is terminating me on 28 march and new Employer attorney is expected to Files for H1 transfer on 31st Will I be out of status for couple of days? I learned from internet that if employer terminates you then you dont have employee employer relation and you are out of status, So If I will be out of status for this short period of time will this create any problem in future specially at Green card stage?

I will really appreciate some help on this matter.

hibworker
03-18-2011, 08:25 PM
My employer has told me that my employment will be terminated by March 28. I have got another job offer (start date is 29th March) and New Employer is Filing Change of Employer (H1 transfer) on premium basis. The Attorney with New Employer is saying that they wont be able to file the application untill 30 or 31st March because they have to take Labor clearance and that take little time. They are going to file Labor clearance on March 21.

I am worried if I go out of status?

Now since my old employer is terminating me on 28 march and new Employer attorney is expected to Files for H1 transfer on 31st Will I be out of status for couple of days? I learned from internet that if employer terminates you then you dont have employee employer relation and you are out of status, So If I will be out of status for this short period of time will this create any problem in future specially at Green card stage?

I will really appreciate some help on this matter.

Technically yes you will be out of status. However practically you should be OK if new company files on March 31. There really shouldn't be an impact on GC in the future.

Lots of people get into the same situation and sometimes take a few week to file for H1. USCIS has typically overlooked such gaps.

mprakash
03-19-2011, 03:56 PM
Some body in some other forum said, since I have offer letter which is next day of my existing employement and since labor is going to be filed before my job termination then i would be considered as in the status , Is this really true?

ivgclive
03-19-2011, 04:18 PM
Some body in some other forum said, since I have offer letter which is next day of my existing employement and since labor is going to be filed before my job termination then i would be considered as in the status , Is this really true?

It is March 19th, tomorrow is sunday 20th.

So you have typically another 5 business days. You can't find another new job in 5 days and file on or before 28th.

So why worry. You already have a job and they are going to file H1B. Be happy.

From the day of your termination of H1B, you do have 10 days to leave the country.

So you are ok. Even if there is a problem, work on it that time.