Immigration Issues/H1 transfer


My situation:
I am mechanical engineer, I got laid off due to reduction in force on Nov 21st, I searched for jobs and found one under a consulting group who started my H1 transfer process on dec 22 2008. I got a query from USCIS regarding my W2 around 1 week of Jan and responded back by Jan 28th. I received the LCA case # from the company around feb 15th. I am yet to receive the receipt #. The agreement between the consulting company and me was that I will be assigned project only after I received my Receipt#.

Meanwhile I got a very good offer from a another company and they want to apply for my H1B transfer however my pay stubs are from Nov-Dec. What options am I looking at?
Consular processing?
Rejection of H1 transfer?
All smooth because I tried to maintain status however was waiting on USCIS to respond back with receipt #?

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Regarding your situation, it sounds likely that your H-1B transfer to Company A may work out however, it as you mention, you do have a small gap in time between when you were laid off on Nov. 21st and when your transfer case was received by USCIS, on or around Dec. 22.

The issue of whether or not small gaps in status in the context of lay offs has been a big issue with our private bar association and the USCIS.  I sit on a committee that works with the California Service Center to *try* and make them sensitive to the fact that workers like yourself are often laid off with little to no notice and that laid off H-1Bs should be given some sort of grace period or leeway if they are able to find a new employer within a reasonable amount of time.

The USCIS so far, as not been responsive to our requests.  Remember that if you are approved for Company A and later Company B, you may be asked to consular process a new H-1B visa abroad, but there should be no reason for a denial of the H-1B if you are eligible and qualified to do the work proffered.

Good luck and keep us posted.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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