H1 transfer after layoff from Compnay A

[newjob4now]

Hi I got laid off coz of Business Unit closure in Aug. My H1 with the company is valid untill March 1, 2003 and the company did not inform INS.
#1) Now if I have a job offer from co B in another state can I apply for H1 transfer or do I have to apply a new H1??

#2 If I can apply for H1b transfer and it gets approved after march 2nd, Do I have to go to India to get it stamped or can I get it done by mailing to Justice Dept. (St. Louis)??

Thanks a lot

 

[Jim Mills]

Q1) Now if I have a job offer from co B in another state can I apply for H1 transfer or do I have to apply a new H1??

A1) You can apply which ever way you like, however INS will almost certainly require you to leave the US to assume your new H-1 status (they will not issue I-94s with the approval notice)(not an EOS so I guess this is what you mean by a "new" H-1)

Q2) If I can apply for H1b transfer and it gets approved after march 2nd, Do I have to go to India to get it stamped or can I get it done by mailing to Justice Dept. (St. Louis)??

A2) The visa stamp is irrellevant as long as you do not travel internationally, it is the I-94 that controls your stay here.

Speak to the attorney handling your case in detail. I would consider premium processing.