Need Help - Am I out of status?

[x571]

Hello folks,

I was employed by a start-up company since 2007.2 as H-1B and everything is okay until July 31st, 2008. I received a written letter from CTO

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company is currently experiencing cash-flow issues and is unable to meet its obligations of paying your salary due on July31,2008. The company is confident that funding will be secured in the very near-term and when funds are available you back salary will be immediately paid. Your medical dental life and long-term disability benefits will continued during your furlough period.

You are being furloughed from employment with ABC. It is the company's intention to return you to full-time employment status as soon as funds are available to pay you. You will be kept up to date on the company's funding efforts.
----

It has been one month since this event happened and I felt more and more worried about my current status. Actually I have another offer but the employment requires me obtaining some export control license which is under processing and will be available in three or four months. New employer refused to transfer my H-1B right now but after obtaining this license. Their lawyer said if I could not provide paystubs when we file the H-1b transfer, they will file a consular's petition.

I read the USCIS's explanation about leave of absence and would like to confirm whether I'm "out of status".

If the company can't survive this situation, says determine the lay-off would be permanent on Oct.01,2008. Will I be out of status for aug. and sept.?

How is the risk like to apply the visa from consular? If I was out of status for these periods, will they immediately rejecting me because of that?

What if the company kept going like this? What should we do? How long could I wait? Like transfer to another consulting company or F1?

What should I do to secure the opportunity to go to my new employer about my immigration status?

Is it a good idea to go back home now avoiding being out of status right now?

Thank you for you inputs. Really need some help.

[x571]

Please help ~~~

[lazycis]

You can stay up to 6 months without any status and avoid any consequences.
Your H1 status is valid until your employment is terminated so I do not see a problem with the status. It's not clear why new employer refuses to start H1 transfer immediately. It has no obligations, but it would be a good protection for you.
Note that your current employer has to eventually pay your salary for all time you are on this "furlough".

[x571]

Thanks a lot. So you agree that I'm currently in H1 status until the company terminates employment permanently. I really hope the company which I received an offer would do the transfer right now. However, they refused to do it due to company's policy since there might be a chance license got denial. Anyway, Looks like I need to do my best to find another job right now in order to secure my future.

[akurella]

Hi
My wife is currently on H4 dependent visa valid till Sep 2009. We recently filed for H1 through a consultant. Right now she received the H1 approval without 1-94.
1.why will this happen.
2.Will her status change from H4 to H1 on October 1st
3.can she continue on H4 until we get H1 stamped outside the country
thanks
anil

[REQUIRE_GC]

Originally Posted by x571

Thanks a lot. So you agree that I'm currently in H1 status until the company terminates employment permanently. I really hope the company which I received an offer would do the transfer right now. However, they refused to do it due to company's policy since there might be a chance license got denial. Anyway, Looks like I need to do my best to find another job right now in order to secure my future.

If you find any other job (Worst case some consulting company who can maintain your H1 BUT THAT IS THE LAST POSSIBILITY) then you should be fine