Assuming it was prepared properly, the H-1 "port" petition should be approved. You might be found to have been out of status, though it is more likely that the extension to be prepared will also likely get approved. If it does not, it means that you would have to leave and re-enter on the old H-1 visa (if you had one in your passport) with new company letter showing new employment plus approval notice or apply for a new H-1 visa if you don't have one in the passport already.

Regardless, this is a complex area of immigration law and one that begs for very competent representation. Not knowing what the actual documentation looks like that will be filed puts a professional at a disadvantage, so the documentation is very important and I could not comment on its impact on approvability without reviewing it. To render an opinion in a vacuum is like examining a person who is ill and giving a diagnosis with an incomplete picture, online.

Should you like further assistance, do let me know by contacting me at alice@yardum-hunter.com or 818 609 1953.

Note that the above is for information purposes only and should not be construed as legal advice or the formation of an attorney client relationship.

Sincerely,

Once you get laid off, you are no longer in H-1B status. The LCA was just filed today and it takes up to 7 days to process it. You can file the H-1B transfer once the LCA is certified.

If your H-1B transfer is approvable and USCIS finds out that you were out of status, your H-1B might still get approved but you are required to leave and re-enter with a new H-1B visa.

If you want to get the decision within 15 days, you can file it under premium processing. The cost is $1,000.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via inquiry@medinalawgroup.net. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.