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Immigration Issues/H1B transfer issue afer lay off very urgent

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QUESTION: Respected Sir,
I got laid off from my job 4 weeks ago.I still do not have a job offer in hand. i just want to know that how much time do i have before another employer can successfully transfer my visa.Secondly, do I have any other option like transferring visa to another type.thank you.

ANSWER: Akshay,
YOu do not have any time to transfer. If your previous employer has notified the US then the USCIS may request for your pay stubs.  You do not have any options since you need to be in status to apply for another visa.

I would suggest that you leave the US and return back on H. Since you are not subject to the cap you should be eligible for a H visa any time.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

---------- FOLLOW-UP ----------

QUESTION: Hello Krishnan,
         Thank you for your prompt reply. Is there a way to find out if my H1B is still valid ?

thanks,
Akshay

Answer
Akshay,
There is no process to find if your employer has requested the H to be canceled  or not. Also as I stated earlier, you are out of status from the time after you are not employed by the H employer whether the your H employer has canceled or not.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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