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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 (permalink)  
Old 08-07-2008, 02:16 PM
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Default what happens to my H1 if I get fired

Hi all,
I would like to know whether I will be able to successfully transfer to my H1 to another employer within 15 days if my current employer fires me under any circumstances?

Thanks
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  #2 (permalink)  
Old 08-07-2008, 02:40 PM
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Default

Quote:
Originally Posted by spamarti View Post
Hi all,
I would like to know whether I will be able to successfully transfer to my H1 to another employer within 15 days if my current employer fires me under any circumstances?

Thanks
You should be able to transfer with in that time frame as long as you have sufficient time period left on H1B (within 6 years).
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  #3 (permalink)  
Old 08-07-2008, 03:01 PM
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nashim will become famous soon enough
Default

You also need pay stuff from previous employer…
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  #4 (permalink)  
Old 08-07-2008, 03:02 PM
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Default Pp

You have to Premium processing, it does not have to be approved, but as long as you get the Receipt Notice, you can proceed working for the new employer.

This is a situation where one has been given 2 - 3 weeks notice and still with current employer on the final 2 weeks window.

I am not sure, one can do the same thing after getting fired. You have 10 days to leave the country, but you have to check with experts whether you can apply for a "transfer" after the termination.
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  #5 (permalink)  
Old 08-07-2008, 03:08 PM
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Default

Quote:
Originally Posted by spamarti View Post
Hi all,
I would like to know whether I will be able to successfully transfer to my H1 to another employer within 15 days if my current employer fires me under any circumstances?

Thanks
I got fired without notice and had no grace period. I found new employment in close to 25 days and got h1b transferred. In my case
fired : May 26th 2005
New employer filed H1b : July 1st 2005
It went through smoothly. So anywhere around a month should be fine.

Please do not take my advise as final - this is what happened in my case, it may differ and things are changing now
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  #6 (permalink)  
Old 08-07-2008, 03:16 PM
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spamarti is on a distinguished road
Default thanks

thank you all for your prompt reply. i approximately have 2 yrs before expiry date. i guess i shudn't have any problems with this. thanks once again
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  #7 (permalink)  
Old 08-07-2008, 03:27 PM
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Arrow paystubs are not always required.

Quote:
Originally Posted by nashim View Post
You also need pay stuff from previous employer…
That is a perception. Let me explain.

It is safe to submit last 3 paystubs, however is NOT an absolute requirement. You can check this on CIS website.
There are chances that if you don't submit paystubs, CIS can send you an RFE. This is not always true. RFE is only for cases if CIS smells something wrong. But many cases get approved witout paystubs and without RFE.

summary: its best to send paystubs if you have. But keep in mind that it is not an absolute requirement. It is a nice to have kind of document. Do check this with your lawyer.
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  #8 (permalink)  
Old 08-07-2008, 03:42 PM
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Default You should hopefully be ok

Quote:
Originally Posted by spamarti View Post
thank you all for your prompt reply. i approximately have 2 yrs before expiry date. i guess i shudn't have any problems with this. thanks once again
Remember - "technically" you are out of status effective the day of termination on your termination notice. The employer is supposed to notify USCIS of your termination, but sometimes they do that after 30 or 90 days, and sometimes not at all. So, in all practicality, if you have pay stubs and find a job in "reasonable" time, you should be ok with H1 transfer.

I have heard USCIS was lenient regarding transfers for laid off employees during the 2001 bust...

Good luck.
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Disclaimer: I am not a lawyer. The views and opinions expressed here are my own. Please consult an immigration attorney for expert professional advice.
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