H1-B laid off with survarance package.

H

H1-HopefulOne

New Member
I was working as a permanent full time employee with a company X.

I was laid off yesterday. I have been granted a surverance package for 3 monhts. (ie I will be getting pay stubs for 3 months!)

Now my questions are

1. If my employer (Company X) does not file a H1-B cancelation immediately, and I apply for a H1 transfer, will there be any problem with that? as I will be able to show pay stubs for 2 months.

2. I understand that from today I am out of status. If I get a B2 visa to stay in status and then apply for a H1 transfer, will I have to travel back to my home contry to get the new H1 stamped?

3. In case I go on B2 visa and Company X files my H1 cancelation and later I get a new H1 sponsor, will I be able to transfer my H1 visa or will it be a fresh H1? Can I get my H1 stamped from washington or will I need to travel back to my home contry?

4. If I have to travel to my home contry to get a new H1 stamped will my wife also have to accompany me to get a new H4 stamped of can she get it stamped from washington?
 
I was working as a permanent full time employee with a company X.

I was laid off yesterday. I have been granted a surverance package for 3 monhts. (ie I will be getting pay stubs for 3 months!)

Now my questions are

1. If my employer (Company X) does not file a H1-B cancellation immediately, and I apply for a H1 transfer, will there be any problem with that? as I will be able to show pay stubs for 2 months.
--- You should find new job and CAN file for H1 transfer
2. I understand that from today I am out of status. If I get a B2 visa to stay in status and then apply for a H1 transfer, will I have to travel back to my home country to get the new H1 stamped?
-- if you apply for B2 then apply for H1 it will be New H1 without I-94, you have to go out of US get H1b stamp and enter
3. In case I go on B2 visa and Company X files my H1 cancellation and later I get a new H1 sponsor, will I be able to transfer my H1 visa or will it be a fresh H1?

-- Fresh H1
Can I get my H1 stamped from washington or will I need to travel back to my home contry?
-- Need to travel back to get H1 visa stamped
4. If I have to travel to my home country to get a new H1 stamped will my wife also have to accompany me to get a new H4 stamped of can she get it stamped from Washington?
-- Your wife H4 is tied to your H1 status; if you have lost H1 she also lost H4 status
*** You are going to get pay stubs for 3 months, try to find new job and file H1 transfer.
 
First off the severance package gives you grace period for next three months. So the company cannot cancel your H1 visa before 3 moths.
If you cannot find some other employer to sponsor your H1 within 3 months, you can think of other options like transfer to another visa, going back to home country etc.
1. No
2. No not from today. severance pay saves your status. until you get paystubs you are in status.
3. Fresh H1. get H1 stamp from US consulate (not necessarily home country)
4. Yes
 
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