View Full Version : Layoff - Should I tell next employer?

06-09-2012, 11:11 AM
I got laid off on 6/8/2012....I have potential two job offers in hand but haven't finalized one yet.

Since I'm (and my dependent wife) is out of status starting now...When I file for visa transfer with either of potential employers; do I have to tell their lawyers that i'm out of status now....I believe that will drive the visa transfer process....

Within how many days my new employer should file the visa?


06-09-2012, 11:57 AM
btw..my last paystub is from 5/30..

06-09-2012, 07:06 PM
Day you are laid off , you run out of Status, So its better to have your petition in at the earliest, bcos right now you have pay stubs to submit with your petition. If you were receiving biweekly pay stub then, by Jun 15 you will have one less pay stub. I would advise to act fast currently there is USCIS delay in issuing the receipt notices for H1.

06-09-2012, 08:17 PM
I was in the same situation couple of times before but I have negotiated time instead of severance pay. Negotiate a week notice time if you can. If you tell the new companies attorney they will act immediately. It takes five working days to get LC for your new job and the attorney can overnight your h1b application on same day he receives the LC. The fastest an attorney can do is 7 to 8 days. Technically you are out of status from 6/9 but USCIS tends to overlook 10 days gap. I have seen this with myself, my friend and my attorney told me the same. I also agree with @Shabba regarding pay stubs.

06-10-2012, 09:16 PM
Depends if and when the employer sends revocation notice to CIS. Mostly CIS takes 10 days to work on that. So u should be fine but should start the process ASAP. No need to tell the new employer if they start the process and are on it diligently. U can just tell to expedite since old employer might have already started the revocation, don't bother about mentioning layoff if not asked.

Good luck.

06-11-2012, 11:48 AM
Thanks all for your replies. I checked with my employer and they are not going to revoke until July 1. I hope to finalize either offers by mid this week. So that transfer gets initiated immediately. I still have to get final pay stub which will most likely be 6/15...Hopefully LCA + transfer happens within time...

06-12-2012, 01:04 PM
I was in the same exact situation a few months ago. You must tell your new employer - most importantly the immigration attorney who is going to file for the H1-B transfer. As pointed out earlier, you are out of status the day you were let go. This means that in the H1-B transfer application, the attorneys must use specific wording, in effect, making a plea asking USCIS to ignore the gap in employment. Almost always, the USCIS will overlook the gap. It might seem like a small thing to you, but you should not be taking this risk. It is always advisable to let your attorneys know your exact status.

Also, putting this out in the open ensures that your new employer and attorneys do not drag their feet in filing for a transfer.