I Got laid off on Dec 14th 2012. I was working with H1B stamp on my passport which is valid until 2015. my questions are below.

Asked almost 2 years ago - Lansing, MI

I am looking at consular processing after I find my new employer willing to sponsor H1B visa. should I attend consulate interview though I have my H1 Visa stamped on my passport?

There is 90% chance that I find my new employer with in 2 months during which time I am out of status. What should I do after I find my new employer to start working ASAP?

In terms of time, how much time it takes (Generally) to go through all the required paper work after I find my employer to the day I can start working?

Legal advices are highly appreciated.

Attorney answers (4)

  1. Heather Louise Garvock

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Mr. Capriotti and Mr. Behar both have good points. It sounds like you are out of status as of your termination date. This will getting back into status complicated if not impossible, and it is going to trend more toward the impossible end of the spectrum as time marches on. Talk to an attorney about the best course of action to avoid negative immigration ramifications in the future.

    Good luck to you.

  2. Jeffrey Jose Estrella

    Contributor Level 13

    3

    Lawyers agree

    Answered . Why go to consular processing? Apply for H1B here since you already have stamp. Just get renewal after find new sponsor employer.

    Hire a lawyer to protect your legal rights.

    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . No need to travel abroad for consular processing. All you need is for a new employer to file for a new H-1B petition on your behalf.

    You can start working for the new employer as soon as USCIS issues the petition receipt notice, but might face problems later if USCIS asks for your latest pay stubs from original H-1B employer, etc.

    The time it takes to prepare the new H-1B petition will depend on your employer and its attorneys and cannot be meaningfully answered here.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . I must respectfully disagree with my colleagues.

    I believe that you are out of status and thus can not file for a transfer of employers within the US.

    Further, because you have, in a sense, violated the H that is in your passport, in my opinion, you need to go for a new visa stamp.

    Talk to the immigration lawyer working for the new employer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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