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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10760
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I was working employer(A) in H1b visa and was -off in End of

Customer Question

Hi All,I was working for an employer(A) in H1b visa and was laid-off in End of Jan 2016. I found a new Employer(B) (consultant) who said will help me find a job and did H1B transfer in January without premium processing in March 2016. The following are my queries I have regarding my situation:1. Since myh1b transfer from Employer(B) is pending, am I in legal H1b status? As there was a gap in my payroll for 1 months and half before the petition by Employer B was filled.2. Employer B started my payroll after a month the petition was filled, will this cause any more problem to h1b status or is it fine to be not in payroll during the H1B transfer.3. My employer check got my e-verification done which was approved, if DHS approves my work authorization does it mean I am in right status?Please help me understand my situation and give me proper guidance to maintain my status here. Appreciate your time and thank you in advance.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Expert James replied 4 months ago.
Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a conversation. We will talk back and forth until I have all the information I need from you, and you will respond until you have all the information you need. Once you've received the information you need, you will thank me by giving me a a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.I'm confused. You said in January, he filed for a transfer of H1B in March 2016. So which is it? Did he file the transfer in January or in March? What is the exact date of your last day of work with A and the date of filing of the transfer to B?
Customer: replied 4 months ago.
Last day of work at A is 22 Jan 2016 and exact date of h1b petition by B was on 8 March 2016.
Expert:  Expert James replied 4 months ago.
OK, thank you very much.
Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today.During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. So please do not give me a negative rating for a answer you did not expect or like. Thank you for your understanding.ANSWER: So there is a big problem then, which is the gap between january 22 and March 8. If you cannot show that you were in lawful status - working and getting paid - ip until the date of filing of the extension (there is no such thing under the law as H1B "transfer," it is an "extension" with a new employer), then you are not in any lawful status from which to extend (change employers). Eventually, this will be discovered and you will e asked to leave the US and come back in with a valid visa.It is quite possible that the H1B petition for the job is approved, but the extension of status from inside the US very likely will not be. So you might get an approval of the H1B petition, but will have to leave the US and come back again to get a valid I-94 to be in lawful H1B status.If you had filed on or before your last day of work with A, then you would have currently been in what is called "authorized stay" while awaiting the processing of the new H1B. But as it stands, that is not the case, since you had a lapse in lawful status.I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.And if you want to talk on the phone for 30 minutes, I can send you an offer for that.Once you have received an answer, please leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.A BONUS is also appreciated, if you feel I've earned it.And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.Thank you!
Expert:  Expert James replied 4 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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