Layoff and H1 Transfer & Extension of Stay

[vijayven]

Dear All

Here is my situation

Laid off after 6.5 years with the same employer (on H1) on 06/03/2011
I-140 approved on 03/31/2011
Last paystub(s) dates : Salary 06/15/2011
Severance pay 06/30/2011
Got offer new job on 06/29/2011
Attorney initiated LCA electronically on 07/01/2011
H1 Package likely to be sent to INS by 07/15/2011 (premium processing)
Occupation : Finance and IT auditor
Previous Employer : Big 4
New Employer : Manufacturer of Chemicals

My question is
What are the likelhood of my H1 (transfer and extension of stay) approval given this out of status situation of approx (30-45 days) and paystub dates. Should i leave right away or wait for decision about H1. I have never had any RFE for my H1, PERM or I-140 in the past 8 years that i am in US.

Thanks all
V

[sk.aggarwal]

I think you should be good. Dont worry. Worst case, USCIS will approve your H1 without I-94 and you might have to travel to India. But not sure, never been in this situation. Advising based on my understanding.

[vijayven]

Many thanks for your reply SK.Aggarwal

I am hoping that this goes through smoothly without having to travel out of US.

Regards
V

[vijayven]

Here is the update for the benefit of other users

LCA applied : 06/29/2011
LCA approved : 07/07/2011
H1 transfer+extension applied : 07/14/2011 (premium processing)
INS receipt date : 07/15/2011
H1 approval date : 07/21/2011

By the grace of god and the good wishes of friends the H1 (transfer + extension) was approved fast without any hitch.

Good luck to all who are in the same situation as I was in.

Regards
Vijay

[marigold567]

I have similar case, so I would appreciate your urgent response to this question - was I-140 being tied to the over 6-year H1B extension ever an issue? I got an offer, but the employer is concerned to file H1B (they already have LCA done) - they say that if previous employer would revoke I-140, the H1B would become invalid. They also say H1B cannot be filed based on previous employer's I-140 and the chances that previous employer would revoke I-140 are high (large company). Thoughts? Thank you so much!

[vijayven]

Hi Marigold567

You can transfer H1 if I-140 was approved more than 180 ago and has not been revoked by the prior employer. If LCA for H1 is approved, you can go for H1 premium processing. You will get H1 in 15 days.Please check with your prior employer whether they have revoked I-140. H1 transfer/extension can certainly be filed on prior employer's I-140.

Goodluck

Vijay

[visa_questions]

Once the h1 is approved, we're there any problems during stamping later on? Do gaps show? In a similar situation like this.