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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Default H1 Transfer After Being Laid Off

    hi,

    i was on opt cap when my employer filed my h1b,i got approve.my i-94 has been changed and i have my receipt.

    now i laied off on aug 17th ,but my employer told me he wont cancel my h1.

    so i was looking for another employer to transfer my visa.now i got another employer i work for a week
    means after aug17 ites second week.

    now this employer said he wont file my h1,so i left it.

    my h1 is still holding by the company who filed it.


    now i want to transfer it on oct 2rd week.but i dont have pay stub ,i have pay stub till aug17 only.by the employer who filed it.

    can i apply for visa transfer,will it be approve,do i need to go back india?

    if by chance i can apply for transfer on my resume what should i put date for employer ,for example
    while applying for h1b i put march 2012 - present.

    now for transfer do i need toput march 2012 - aug 2012 (as i left in aug 17) or march 2012 - present(as they are still holding my h1 b)

    please help me?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: H1 Transfer

    You are NOT currently employed; if you so state on your resume, any reference check will show you are lying.

    You have NO job. You are out of status. You need to exit the US and look for a job in and from your home country. Since you have been unemployed for 6 weeks, it is likely that you do not have the necessary qualifications for employment in the US at this time.

    If you need clarification, contact an attorney for a personal consultation for your options.

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