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Immigration Issues/H1B and employment termination

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Question
Hello,
My husband has been laid off from Company A on Dec 10th. But he had official paycheques upto Dec 31st. From Now on, he will be receiving severance pay cheques till april of this year. He got job in Company B today and they were planning to file H1 b after 2-2.5 weeks approximately. Company A will be sending this week to revoke his H-1 B. If his H-1b get revoked before company B files his H-1 what is the situation. Does he still belong to Cap Exempt as his I-140 got approved and also Company A is not ready to revoke I-140.

Answer
Hi,

The H1B petition through Co. B should be filed prior to revocation of Co. A's H1B petition to increase the probability of H1B approval with "extension of status" through Co. B. In any event, the H1B petition through Co. B will be exempt from the visa cap, and the worst-case scenario is H1B approval without grant of extension of status. H1B approval with "consular processing" will require traveling abroad and entering the U.S. with an unexpired H1B visa issued by a U.S. Consulate.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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