View Full Version : H1B transfer after layoff

05-09-2014, 03:20 PM
Hello all ,

I was laid off from my previous employer on 03/14/2014 and I found another fulltime opportunity who has initiated the H1B transfer process as off 05/07/2014

Initial H1B valid from - 11/01/2012-06/03/2015
H1B Amendment (due to change in client location) --> 01/06/2014-12/24/2016
Got Visa approved and stamped on my passport on February 4th 2014. I-94 valid until 2017

Laid off: 03/14/2014
H1-B revoked by company - 03/18/2014
Last paystub : 03/16/2014
Severance paystub : 03/30/2014
New H1-b filed - 05/12/2014 (in PP)
Potential start date : 1st June 2014

After my layoff, I immediately started looking for other work, interviewed for a full time opportunity (2-3 rounds) and after background checks etc. I was offered a job on April 25 2014. The company has submitted by LCA and will file for my H1B visa on May 13th 2014 on Premium Processing. They are also submitting my Severance Letter along with a Nunc Pro Tunc asking for 'forgiveness' as I was out of status for over 45-60 days from the day I lost my job.

My hope is that the H1B transfer goes through and I get new I797 with an I-94.

If my H1-B visa gets approved WITHOUT an I-94; Attorney suggested I visit Jamaica for the weekend and re-enter to get a new I-94.

Since my H1B stamping on my passport is under the previous employer, if I visit Jamaica or India...do I need to go to the consulate for another visa stamping ?

Will this be a scenario of Change of Status/Employer (or) will this be a case of Consular processing ?

I am confused on the various scenarios and I want to be prepared for any situation.

Thank you for your time !

05-09-2014, 05:50 PM
if you receive I 797B instead of I 797A it is consular processing.

05-21-2014, 03:17 PM

I'm in a very similar scenario as you are... would appreciate if you could please share your experience?