Lost my job on H1B found new employer

Hi there,

I lost my job on H1B on JUly 18th, last pay stub is also dated as July 18th. I found an employer but my H1B filing process got delayed. Most likely LCA will be filed on July 28th and then trasfer petition for H1B will be filed most probably on August 6th.

Do I stand a chance here? Would my transfer petition be denied?

Please let me know.


please get in touch with an attorney asap. There are chances that H1 transfer will have an RFE asking to prove legal status from 18th July till present. If at all there is no RFE this can create a problem later on during GC process. An attorney will be help to guide you. I am not too educated about about section 254(k) but you can surelly ask about this to your attorney.

It is possible that new petition gets approved but w/o I-94 attached (USCIS determines that you didn’t maintain legal status for those couple of weeks). In this case, you need to leave US and then return on stamped H-1 visa and new employer’s petition.

Still, talk to an attorney as you are not maintaining status right now.