Immigration Issues/H1 B transfer


I was employed with Company A since August 2005 on an H1B visa. I got laid off in mid July 2006. I found a new job (Sep 2006) and my employer is willing to sponsor my visa.

I have a few questions regarding my situation:

1) I read somewhere I have 90 days from my termination date after which I am out of status and during the course of this time I should apply for an H1B transfer. Is this correct?

2) I know that a transfer to company B requires a new application. My question is whether I am subject to the cap and September end deadline?

3) I have the a copy of my paperwork which my lawyer had filed for my previous visa. Can you tell me what new forms need to be filled out for a transfer?

4) Am I obligated to tell CIS my why I am asking for a transfer and the details about the date of my layoff? I ask because I know my previous employer hasn't notified CIS about the termination and it could technically get me some more time.

Sorry if i have too many questions. I am worried about being subject to the visa cap and not getting my application in before end of September.


There is no grace period for H-1s, so if Immigration finds out you have been laid off the last 2 months you are already out of status and subject to the cap. When you file for the transfer which is the same paperwork as a new case, they may ask for paystubs up to the date of filing and then you willbe considered to be out of status and the transfer will be denied. If they do not find out about it, then you are not subject to the cap and can file and start working for B. If you are subject to the cap, you can not file until 4/1/07 for work to begin in 10/1/07. You do not have to explain why you want a transfer.



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Robert Hollander<B> Esq.</B>



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