On H1B Visa and Unemployed

[skrisser]

Hi,

I'd appreciate if someone can please bring clarity to my situation. I was with Company A on H1B and got laid off on Feb 28th, 2007. I've been looking for a job for the last two months and should be closing in on one. Will I face any problems in my H1B transfer to Company B? I heard if Company B backdates my H1B application to the last day of my employment at Company A, it will take care of any gap within my status. If companies do backdate their H1B application, how longer can I wait until I find a job and get my H1B transferred? Please help!

[aaron]

Nobody can in good faith advise you to fake dates or documents relating to immigration. The consequences if that is detected could be dire. I suggest you consult an immigration lawyer.

[skrisser]

Thanks, Aaron. Well, after researching a little more, I understand that Company B can apply for a fresh H1B instead of a transfer if I am unemployed for a longer period of time. Is that another option to bring up with any potential company I interview with?

[aaron]

If you are unemployed to the point where you have to return home (i.e., beyond the short grace period), overstay could render you ineligible for a new visa.