Can You Get a H1B Transfer Four Months After Termination

Hello All,

Context: I came to US in H1 visa and have been laid off on end of Aug 2015 and got arrested for xxx reason where the COPS took my passport. My employers have filed to revoke my H1 to USCIS on 1 week of september. My VISA stamping and I94 is available till nov 2016.

Currently, my criminal case is still going on in court and I came out on bail in oct 2015 and started looking for Job.

Questions:

1. I dont know in what status I'm in the country currently, since my H1b is not yet revoked and USCIS displays Correspondence Was Received And USCIS Is Reviewing It . What is my current status? My wife in H4 is also with me, how will this impact us?
2. Is it possible to apply for H1b Transfer with new employer? Since there are 4 months of gap, how to provide most recent paystubs?
3. My wife got admission to college and is try to apply for Change of Status from H4 to F1? How to accomplish that?


I dont have passport to travel out of country to wait and react. Not sure how to deal with all these situation, all these are completely new and unexpected in our life. Please provide assistance at the earliest and help me with my desperate situation.

Thanks

If you are not employed by them, they were obligated to report to CIS to end your visa. You were officially out of status and accruing unlawful presence from the day you left your job.

There's no such thing really as an H1B transfer. The new employer must apply for a new visa for you. Some of the steps you've already gone through can be skipped however.
You can start working for them however as soon as they file an H1B application for you.

Your wife should contact the international students office of her school.

What was the crime?

Thanks for the response flyingron.

i got a new job offer but the immigration lawyer is scaring me that the H1b transfer applied by the new employer could be denied because it is beyond 60 days of termination. When you mention new visa do you refer to wait till April to go through the lottery process?

As far as my wifes situation for h4 to f1 we are concerned to do COS or travel abroad, since it would require last 3 months pay stub.

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Quoting T53147

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What was the crime?

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sorry I'm obliged not to disclose that info

You will get better advice if we know how serious the crime. For example, drug crimes are serious for immigration even if not particularly so for citizens.

Since you are out of status, your wife is as well. COS should be denied. Both of you need to get out of the country before you tarnish your records even further. Based on your and her violations of requirements, her F1 is a risky stamping for the US.

Many employers do criminal and credit background checks. An arrest for a crime so serious that they confiscate your passport should make finding a new job at a respectable company difficult. There are many applicants without that background available both citizens and guest workers.