I think you need to complete consular processing to activate H-1B. So, I would go and get stamped and enter on H-1B or else if you can lose H-1B if laid off.
If stamping is not possible right now, due to slots availability etc? I have read in few places that i797 approved is enough for h1b transfer in such cases?
For h1b, you have to wait 2-3 months. Book an appointment in advance and go to India as personal visit get stamped and enter back on h1b visa.
Your H1B is not activated yet. If the original petitioning company lays you off, they will withdraw your H1B as well. That puts you in the position where you have no H1B
I guess the petitioner would withdraw after the 60 days period during which I am still an employee. What happens if I am able to get a job within that time? can I use the H1B petition to move?
Yeah you can
Thanks for the info. So if I find a job within the 60 days that I am on payroll after layoff, I can use the H1B to transfer right?
I was on a similar situation 20 yrs ago
your H1 is not activated yet. 2 things either go and get stamped , alternately check if it can be converted to a change of status type. Better ask your immi.
If H1-B is picked up for consular processing, then it will not come with a I94 with it. You cannot just switch to H1 without an I94. You have to go out of the country and come back to get an I94 at the port of entry. In order to be admitted under H1 status you will need a H1 stamp on your passport while entering US. If the employer is willing to file another H1-B with adjustment of status (not consular process), and if it comes along with a I94, then you will be good. But you have to start on H1-B on its start date, as you will no longer be on L1 status from that date. PS: not an lawyer.
Yes I was thinking in similar lines of what you mentioned. If I get a job with the employer ready to apply an H1B transfer as COS, I should be able to be on H1B and move to new job right?
Yes COS will help you to change status without leaving the country.
Your H1B becomes active on 1st October. If you are laid off prior to that you lose your H1B.
My H1B is with consular processing. So It will not be active till I get stamped.
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