Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending or approved

Question details

I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.

I want to restart the NIW application. Questions:

1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?

2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?

 

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FAQ Transcript

Answer 1. Being laid off is not a challenge/red flag. 

Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.

H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling

Question details

Case: Picked for H1B lottery.

- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?

- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?

- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?

- Are there any travel restrictions from June to Sept

 

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FAQ Transcript

In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.

USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees

Release Date 

04/29/2024

USCIS is updating the Frequently Asked Questions on the USCIS Fee Rule to help certain employment-based petitioners understand how to submit the correct required fees. 

New FAQ:

Q. How can I make sure that my filing is not rejected at intake for incorrect fees?

Recording for April 25, 2024 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs:

1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling

2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved

3) What is Cap Gap extension? How does it work?

4)Is it COS to change from cap-exempt H-1B to cap H-1B?