H1B- Layoffs - Working in Canada currently

Aiswarya13

New Member
Hello sir,

Hope you are doing well.

I would like to get your advice on all possibilities as to how I can secure my H-1B visa after the recent layoff from the company. I have an approved H-1B and an I-140, but haven't entered USA after the H-1B approval (or have a visa stamping yet) as my work transfer to the US site was pending all this while. Now post the layoff, my company had mentioned that they would be removing the H-1B petition after the last day of employment and I have the following questions that I would like to get clarified:

1. Can I switch jobs before and after my last working day at my current company and have my new company sponsor for my H-1b and I-140 if I'm looking for other employers in the US?
2. I was told that the 60 day grace period doesn't apply to me as I'm currently outside USA, but is there a way I can pause/freeze my H-1B status if I do not find an employer who can transfer the H-1B before my last working day?
3. Is there an impact to the petition as I'm currently outside the country?
4. What is the process if I find an employer before my last working day vs after my last working day? Does the new company have to again file a lottery if I don't find an employer before my employment ends?

I would like to understand what my options are in this scenario. Thank you for the help!


Thanks,
Aiswarya
 
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