Got Laid off on H1B and in the process of getting another job

USA H1B Visa
1

Hi There:

I worked for company A - they filed my H1 first in 2010 and also got my I-140 approved with priority date.

I then switched to company B. Company B in NJ closed mid of Jan. They did say it will take them “administrative delay” to notify USCIS, and I know they haven’t done that yet.

I have an offer from a company C, who will start with the H1 transfer in 1-2 weeks. But the problem is I do not have paycheck after mid Jan. Will this be a problem? If so whats the best way to solve it.

Also, from my company B the H1 ends in Jan 2016, even though by 6 years H1 only ends on Oct 2016. If a new h1 transfer gets approved, will it be till Jan or Oct 2016?

2

You may most likely get your new H1 extended till Oct 2016 since your existing LCA&i140 gets nullified as Company B might have revoked them.

Have your LCA filed ASAP with company C to save your future H extensions beyond 6 years

3

Thanks for your quick response.

Just to clarify, company A applied for i140 (and approved) and its not revoked.

Company B did file for LCA in Nov 2014, but thats of no use now. They haven’t revoked my H1 yet as it would take them considerable “administrative delay”.

My question is I have two missing pay check (my last pay check was Jan mid 2015). Will this be a problem when C does the H1 transfer?

4

Ideally, you need to keep the recent (suggested 3 months) pay checks. You can apply without them or with few older ones as well with a moderate risk.
Please file the petition ASAP so that you can say that you are trying to work with the new employer and there was some technical delay to run the payroll etc…

5

Your stay is illegal in US, if your payroll in not being run (as you are on H1). Must leave country ASAP, then come once the transfer is done