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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Regarding H1B status

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Hi, I work for Company-A. Say company-B is filing my LCA next week(I am getting rolled off from Company-A payroll on 08-NOV-2013 and have to go back to India) and might only initiate my H1B the week after next or so once they receive approved LCA. In this case, am I out of status or can I become on status if Company-A just offers me an offer letter and initiated LCA application?

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

You are out of status from the date you are taken off payroll of Co A.

The only way you remain in status us if Co B files before termination of your employment with A.

 

Judith

 

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