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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 11-03-2008, 06:56 PM
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kals3 is infamous around these parts
Default Urgent: Help Needed

I got laid off on October 17th. My termination letter from the employer was sent on October 27th. I found a job and the company is filing the H1-B documents on Nov 5th.

I have not informed my new company about the lay-off. Will I run into the risk of consular processing. At this point should I just wait and watch. Please help me.

Thanks
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  #2 (permalink)  
Old 11-03-2008, 07:01 PM
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texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all
Default you are fine donot worry

Quote:
Originally Posted by kals3 View Post
I got laid off on October 17th. My termination letter from the employer was sent on October 27th. I found a job and the company is filing the H1-B documents on Nov 5th.

I have not informed my new company about the lay-off. Will I run into the risk of consular processing. At this point should I just wait and watch. Please help me.

Thanks

you are fine, donot worry. you will need to show pay stubs from previous company, and generally a few missing paystubs is not a problem.

congrats on getting a new job. you did well, and donot worry.
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Disclaimer: I am not a lawyer , please seek a professional lawyers opinion.

** Contributed $200 & Pledged for $100 every month **
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  #3 (permalink)  
Old 11-03-2008, 07:27 PM
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guesswho can only hope to improve
Default

Your new company wouldn't know of your layoff. Don't worry. If you are filing for H1-B with the new company on 5th Nov, I assume you have all the paystubs. So there shouldn't be a problem with that too. Good luck.

Quote:
Originally Posted by kals3 View Post
I got laid off on October 17th. My termination letter from the employer was sent on October 27th. I found a job and the company is filing the H1-B documents on Nov 5th.

I have not informed my new company about the lay-off. Will I run into the risk of consular processing. At this point should I just wait and watch. Please help me.

Thanks
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  #4 (permalink)  
Old 11-03-2008, 09:42 PM
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superdoc is a jewel in the rough superdoc is a jewel in the rough superdoc is a jewel in the rough
Default

Quote:
Originally Posted by kals3 View Post
I got laid off on October 17th. My termination letter from the employer was sent on October 27th. I found a job and the company is filing the H1-B documents on Nov 5th.

I have not informed my new company about the lay-off. Will I run into the risk of consular processing. At this point should I just wait and watch. Please help me.

Thanks
u will be fine...in most cases u only have mention month and year of job..

ie u worked from 12/2006-10/2008 in company A and 11/2008-present in company B

yr new employer has nothing to do if u were laid off...just relax..i know lay offs are painful but u did well..my wife was laid off 3 times during the 2001 crash
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I 485 - waiting --;;
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  #5 (permalink)  
Old 11-04-2008, 01:55 AM
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psczd4 will become famous soon enough
Default Similar situation...please help

Folks,
My employer informed that our team will be laid off by Q1 2009. My current situation:
----H1b expiring (6th year) aug 2009 - Has been discussing with employer about extension...
----EB 2 i 140 approved (last week)..

What options do i have?

Thanks,
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  #6 (permalink)  
Old 11-04-2008, 04:07 AM
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belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute
Default

Quote:
Originally Posted by psczd4 View Post
Folks,
My employer informed that our team will be laid off by Q1 2009. My current situation:
----H1b expiring (6th year) aug 2009 - Has been discussing with employer about extension...
----EB 2 i 140 approved (last week)..

What options do i have?

Thanks,
You could find another H1B employer and transfer to them.
Since you have not yet filed your 485, you are eligible for 3 yr extension

Ask your current employer not to withdraw I-140. Once you transfer to new job, try to port your PD

All the best.
__________________
PD: Oct 2007, EB2
I-140 - Approved Sep 2008.
485 - Nov 4, 2011 (RD)
485 approved on Jan 25,2012.
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Last edited by belmontboy; 11-04-2008 at 04:10 AM.
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  #7 (permalink)  
Old 11-04-2008, 02:14 PM
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kals3 is infamous around these parts
Default

Is INS lenient on such gaps of 2-3 weeks or so. I am more concerned on that if INS will approve without CP. Please let me know.

Thanks
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  #8 (permalink)  
Old 11-04-2008, 02:21 PM
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lord_labaku will become famous soon enough
Default

Quote:
Originally Posted by psczd4 View Post
Folks,
My employer informed that our team will be laid off by Q1 2009. My current situation:
----H1b expiring (6th year) aug 2009 - Has been discussing with employer about extension...
----EB 2 i 140 approved (last week)..

What options do i have?

Thanks,
Ask your current employer to extend your H1 (for another 3 years).Tell them to deduct it from ur salary if they cant pay etc etc.

Then find a new job & transfer ur H1. technically u can also use AC21 I think...u have 485 pending right ??
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