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  1. #1

    Default Laid Off While in H1B Transfer Process

    I applied for H1b visa transferred in Nov 08 inspite of not having recent pay stubs. After applying transfer, I started working for new employer.
    Last week I got query from USCIS asking my latest pay stubs (Oct 08) and yesterday I got Laid off from my new job after working for 4 months (till Feb 09).

    My husband is on L1B visa.
    In my case
    1. Shall I consider transferring to L2? for this do I need to go to my home country (India) for L2 stamp?
    2. If COS to L2 is approved, Can I work on my old H1B again if I find an employer who is ready for transfer?
    3. If I travel to my home country(India), will my H1B visa be cancelled? as currently i don't have any H1B approval.
    4. Whether the Request For Evidence(REF) on my H1B transfer will have any implication on L2 stamping?

    Please help ..
    Regards..

  2. #2
    Join Date
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    Default Re: In H1B Transfer Process - Lay Off

    If you didn't have paystubs from your former employer because you were terminated or laid off, you appear to have an overstay problem. And you've been laid off now, so you have an unofficial ten days from the date you were laid off to pack up and leave.

    Your best present option appears to be to apply immediately to adjust your status to L2 status. If you do that you will be in L2 status, not in H1B status. If you leave the country, you can apply for an L2 visa to return (provided you don't have a problem arising from an overstay). During the six year duration of your H1B visa, you should later be able to adjust back to H1B status if you find a qualified employer.

    Given the lack of key information in your post, I suggest that you consult an immigration lawyer as soon as you can.

  3. #3

    Default Re: In H1B Transfer Process - Lay Off

    Thank you very much ...

    Quote Quoting Mr. Knowitall
    View Post
    If you didn't have paystubs from your former employer because you were terminated or laid off, you appear to have an overstay problem. And you've been laid off now, so you have an unofficial ten days from the date you were laid off to pack up and leave.

    Your best present option appears to be to apply immediately to adjust your status to L2 status. If you do that you will be in L2 status, not in H1B status. If you leave the country, you can apply for an L2 visa to return (provided you don't have a problem arising from an overstay). During the six year duration of your H1B visa, you should later be able to adjust back to H1B status if you find a qualified employer.

    Given the lack of key information in your post, I suggest that you consult an immigration lawyer as soon as you can.

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