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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 12-22-2009, 05:01 AM
myvoiceid myvoiceid is offline
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Default H1B Layoff Please Advice!

Hi All,

I got laid off last week. I am in I-140 approved status and 6th year of my H1B expires in about 2 months.

I found a new employer: "Company A"; a small consulting firm which is willing to file for my H1B transfer immediately. Even though I am close to completion of my 6 years of H1B visa, I was advised by "Company A" that a H1B visa extension can be filed on my behalf using my approved I-140 status.

Also, out of anticipation for a possible lay off, recently I appeared in multiple interviews with "Company B", a large MNC and hence my first choice in my current career search. Based on my discussions with "Company B", I believe I am very close to getting an offer from "Company B". However, being a large MNC, things move slowly in "Company B" and holiday season is slowing things ever further. So, I think "Company B" may not come back with an offer before January 2010 (in fact first working day in 2010 is January 4, 2010).

My dilemma is that whether I wait for the offer from "Company B" or, go-ahead and file my H1B with "Company A" immediately. In this regard I have the following questions:

1. I heard that along with other documents, copies of recent Pay Stubs are needed for H1B filing and most recent pay stub should not be more than 2 weeks old. My last pay check is dated 12/15/2009. If I want to wait till January 2010 to file an H1B with "Company B", then I will not have a recent pay stub generated within previous 2 weeks. Is that really going to be a problem? Do you all know if USCIS is really strict about this "recent pay stub within previous 2 weeks" rule?

2. Is there a clear guideline from USCIS about within how many days an H1B transfer needs to be filed in case of a layoff?

3. To be on safe side, I am planning to file a 3 years H1B Extension (using approved I-140 status) with "Company A" immediately (i.e. in December 2009 itself) as for H1B filing I will be able to produce a recent pay stub that is generated within last 2 weeks.
When I get the most likely offer from "Company B" in early January 2010, do you all think that I can file another H1B Extension for 3 Years with "Company B"? If the answer to this question is 'yes'; are there any complications I should be concerned about?

Of course if "Company B" makes me the offer as expected in January 2010, I would like to pursue career in "Company B" instead of "Company A".

4. If I can file 2 separate H1B transfers, should I be concerned about which H1B gets approved first?

Any other thoughts, comments, suggestions in this regard will be well appreciated. Please respond. Thanks in advance!
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  #2  
Old 12-22-2009, 06:10 AM
raysaikat raysaikat is offline
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Default

Quote:
Originally Posted by myvoiceid View Post
Hi All,

I got laid off last week. I am in I-140 approved status and 6th year of my H1B expires in about 2 months.

I found a new employer: "Company A"; a small consulting firm which is willing to file for my H1B transfer immediately. Even though I am close to completion of my 6 years of H1B visa, I was advised by "Company A" that a H1B visa extension can be filed on my behalf using my approved I-140 status.

Also, out of anticipation for a possible lay off, recently I appeared in multiple interviews with "Company B", a large MNC and hence my first choice in my current career search. Based on my discussions with "Company B", I believe I am very close to getting an offer from "Company B". However, being a large MNC, things move slowly in "Company B" and holiday season is slowing things ever further. So, I think "Company B" may not come back with an offer before January 2010 (in fact first working day in 2010 is January 4, 2010).

My dilemma is that whether I wait for the offer from "Company B" or, go-ahead and file my H1B with "Company A" immediately. In this regard I have the following questions:

1. I heard that along with other documents, copies of recent Pay Stubs are needed for H1B filing and most recent pay stub should not be more than 2 weeks old. My last pay check is dated 12/15/2009. If I want to wait till January 2010 to file an H1B with "Company B", then I will not have a recent pay stub generated within previous 2 weeks. Is that really going to be a problem? Do you all know if USCIS is really strict about this "recent pay stub within previous 2 weeks" rule?

2. Is there a clear guideline from USCIS about within how many days an H1B transfer needs to be filed in case of a layoff?
Technically, there can be no gap in employment at all, not even a day. So you cannot expect a "guideline" from USCIS.

Quote:
Originally Posted by myvoiceid View Post
3. To be on safe side, I am planning to file a 3 years H1B Extension (using approved I-140 status) with "Company A" immediately (i.e. in December 2009 itself) as for H1B filing I will be able to produce a recent pay stub that is generated within last 2 weeks.
When I get the most likely offer from "Company B" in early January 2010, do you all think that I can file another H1B Extension for 3 Years with "Company B"? If the answer to this question is 'yes'; are there any complications I should be concerned about?

Of course if "Company B" makes me the offer as expected in January 2010, I would like to pursue career in "Company B" instead of "Company A".
You can ditch company A without any issue (other than ethical/moral ones).

Quote:
Originally Posted by myvoiceid View Post
4. If I can file 2 separate H1B transfers, should I be concerned about which H1B gets approved first?

Any other thoughts, comments, suggestions in this regard will be well appreciated. Please respond. Thanks in advance!
I am guessing that the last I-797 should override the rest. However, it is probably better to do them sequentially (try your best not to confuse USCIS).
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  #3  
Old 12-22-2009, 10:35 AM
Mr. Brown Mr. Brown is offline
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Default For 2 months?

To the Original Poster: Did you apply for 485?
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  #4  
Old 12-22-2009, 11:17 AM
myvoiceid myvoiceid is offline
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Default

Quote:
Originally Posted by Mr. Brown View Post
To the Original Poster: Did you apply for 485?

My I-485 was not filed as the priority date is not current.
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  #5  
Old 12-22-2009, 12:40 PM
Mr. Brown Mr. Brown is offline
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Default 3 yr extension w/o I-485

Quote:
Originally Posted by myvoiceid View Post
My I-485 was not filed as the priority date is not current.
Are you sure that you can apply for a 3 year H1-B extension ? Have you consulted an attorney on this?
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  #6  
Old 12-22-2009, 01:04 PM
sriramkalyan sriramkalyan is offline
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My understanding in this situation is ..myvoiceid will get extension for only remaining months in 6th year ie 2 months. To get 3 years H1B with company B, he needs a LC & 1-140 approved with company B.

If this is not right .. please let us know .. i am also in same situation ..Approved 140 .. crossed 6th year. Not able to move !!
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  #7  
Old 12-22-2009, 01:16 PM
Mr. Brown Mr. Brown is offline
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Default Let's think this through ...

Let's think this through ...

I've been with Company X for 4 years where they have cleared the LC (PERM) and I-140 for my "future job" with them. Since priority date is not current I can't apply for 485 / get an EAD. I have 6 months left on my initial 6 yrs of H1-B left.

So what happens if Company X lets go of me?

a. (Company X wants nothing to do with me anymore) I move to Company Y but as far as I know I can only get 6 more months of H1B and then I go back to my home country.

b. (Say Company X wants to hire me back for my "future job") I leave for my home country immediately / after 6 months of working for Company Y. Trouble here is that since I have not chosen to go the consular processing route my application for the "future job" with Company X gets canceled automatically.

Considering the above two scenarios I am not sure how the OP is thinking of applying for a 3 year extension.

My knowledge is limited only to stuff I've learnt from forums. If it comes to it obviously I'd hire an attorney for the "real" details.


Quote:
Originally Posted by sriramkalyan View Post
My understanding in this situation is ..myvoiceid will get extension for only remaining months in 6th year ie 2 months. To get 3 years H1B with company B, he needs a LC & 1-140 approved with company B.

If this is not right .. please let us know .. i am also in same situation ..Approved 140 .. crossed 6th year. Not able to move !!
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  #8  
Old 12-22-2009, 01:56 PM
gcmadhu gcmadhu is offline
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Default

To the original Poster,

Here is the break down of your situation based on my knowledge from various forums and needs validation from your Attorney.

1. You can get 3 years extn from Company A based on the approved I-140. You can get extension only once and further extension requires either pending Labour more than one yera or I-140 approval from Company A.

2. You can transfer your H1 from Company A to Company B after your current extension is approved for Company A for 3 years. This again requires pay stubs from Company A.

As you can use your approved I-140 only once for either Compnay A or Company B. I am NOT sure what happens if you apply H1B extn for both Company A & Company B symultaneously.
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  #9  
Old 12-22-2009, 02:17 PM
psczd4 psczd4 is offline
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Default

To myvoiceid:

This is from my personal experience: I was in a very similar situation early April 2009 with only 6 months left in my 6th year H1b and with approved I 140- (Cmpy A). I used up my vacation holidays so that even after my last day, I still have my pay stub to transition to a different employer.
I transferred to a small company (Cmpy B) for a very similar job position and started my paper transfer + extension for H1b using my I 140 approved ( given that the employer does not cancel this process)- I used the normal process for filing and it look nearly 3 months for approval. I received a 3 year extension.
During this time, I found another position (with similarities to my previous positions) in a different location and accepted this position but had to wait until I get my approved H1b for a transfer. This lawyer used my Cmpy A's green card paper work and Cmpy B extension to file for another transfer and extension using Premium processing. I got it approved in a week's time but got extension for 2 year (due to lawyer's error in filing paperwork). It looks like my life with visa chase is never ending.
My suggestion would be for you to take up the Company A position so that you don't go out of status. When you get the job offer with Company B, it nearly takes a month for your acceptance cum relocation etc.
Hope this helps and my best wishes.
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  #10  
Old 12-22-2009, 02:27 PM
Mr. Brown Mr. Brown is offline
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Default That's good to know!

gcmadhu, psczd4:

I had no idea that after getting a 3 yr extension for a current job in Company A (where the 3 yr extension is based on the approved I-140 filed by Company A) one could move to Company B as a regular H1-B.

Are there any conditions associated with the move to Company B like Company A should not revoke the GC application etc.?
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  #11  
Old 12-22-2009, 03:24 PM
sriramkalyan sriramkalyan is offline
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Default

And , should Company B apply Green Card Process immediately before Company A cancel Green Card. ?
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  #12  
Old 12-22-2009, 03:47 PM
gcmadhu gcmadhu is offline
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Default

Quote:
Originally Posted by Mr. Brown View Post
gcmadhu, psczd4:

I had no idea that after getting a 3 yr extension for a current job in Company A (where the 3 yr extension is based on the approved I-140 filed by Company A) one could move to Company B as a regular H1-B.

Are there any conditions associated with the move to Company B like Company A should not revoke the GC application etc.?
Once the H1B extension is approved based on the previous approved I-140, it doesn't matter whether the previous I-140 got revoked or not by Company A. One more thing is the priority date on previous I-140 also can be retained to new Labour/I-140 applied through Company B as the priority date will be locked for the applicant once the I-140 is approved.

Again all this information I posted above is aquired from various forums and need to be validated with the Attorny.
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Old 12-22-2009, 04:05 PM
cbpds cbpds is offline
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Default Immoral trafickers :)

All you immoral traitors jumping from one company to another, no wonder USCIS is still busy bcos of u guys

Quote:
Originally Posted by psczd4 View Post
To myvoiceid:

This is from my personal experience: I was in a very similar situation early April 2009 with only 6 months left in my 6th year H1b and with approved I 140- (Cmpy A). I used up my vacation holidays so that even after my last day, I still have my pay stub to transition to a different employer.
I transferred to a small company (Cmpy B) for a very similar job position and started my paper transfer + extension for H1b using my I 140 approved ( given that the employer does not cancel this process)- I used the normal process for filing and it look nearly 3 months for approval. I received a 3 year extension.
During this time, I found another position (with similarities to my previous positions) in a different location and accepted this position but had to wait until I get my approved H1b for a transfer. This lawyer used my Cmpy A's green card paper work and Cmpy B extension to file for another transfer and extension using Premium processing. I got it approved in a week's time but got extension for 2 year (due to lawyer's error in filing paperwork). It looks like my life with visa chase is never ending.
My suggestion would be for you to take up the Company A position so that you don't go out of status. When you get the job offer with Company B, it nearly takes a month for your acceptance cum relocation etc.
Hope this helps and my best wishes.
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  #14  
Old 12-22-2009, 04:38 PM
gcmadhu gcmadhu is offline
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Quote:
Originally Posted by cbpds View Post
All you immoral traitors jumping from one company to another, no wonder USCIS is still busy bcos of u guys
What exactly is your problem? Jumping from one company to other OR making USCIS busy?
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  #15  
Old 12-22-2009, 04:44 PM
Mr. Brown Mr. Brown is offline
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Default I disagree ...

Quote:
Originally Posted by cbpds View Post
All you immoral traitors jumping from one company to another, no wonder USCIS is still busy bcos of u guys
Nah! Nothing immoral about it. People work for money. If employers want loyalty let them hire a dog.

BTW ... I've been with my current company for 4 years now and hope to be here for another 6 at least (green card or H1-B). It's my choice and there is nothing "loyal" about it. They treat me right and I get the job done ... simple!
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