Legal Question in Immigration Law in California

I was on H1-B and left my employer last month. My H1-B was valid until Jan 2016 (This was a 3 year extension based on an I-140 approved in 2012) Am I considered out of status even if my employer hasn't withdrawn my H1-B?

I have received another offer of employment earlier this week. Would that H1-B petition be considered a transfer or a new petition?


Asked on 1/07/15, 8:14 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Technically, yes, you would be considered out of status. However, if the new company files an I-129 for you asap (transfer/new employer), then USCIS may be forgiving. USCIS will, however, ask for pay stubs & possibly W-2s.

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Answered on 1/07/15, 2:00 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Kind regards, RDM

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Answered on 1/08/15, 9:29 am


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