H1B: Update on layoff situation?

ipkiss186

New Member
Is there a grace period between the time you're laid off and when you have to find a new job? Also, are you still in the H1 pool if you have been laid off? That is, how late after you are laid off can you file a transfer for?
 
There is no grace period. Not even a day.

As per law, you need to file H1B transfer on or before your lay-off date. But USCIS often lenient to approve H1B transfer cases even if those are filed after layoff, but thats purely on your luck.
 
There is no grace period. Not even a day.

As per law, you need to file H1B transfer on or before your lay-off date. But USCIS often lenient to approve H1B transfer cases even if those are filed after layoff, but thats purely on your luck.

Does it matter if the person has only been employed by the company 30 days or so to make a change of status ? (to H4)
 
I got laid-off on Nov-05-2008 from a top consulting company "X" and have salary slip till Nov-05-2008. Just to save my status immediately, i applied for H1 transfer thru a small Consulting company "A" on Nov-14-2008(9 days out of status) .I dont have any salary slip and planned to start a Project on Dec 1 2009 thru Company "A".

I got another offer from Big Consulting company "B" and planning to Transfer H1(Premium Processing) on Nov-22-2008, basis on the Company "X" Salary slip(Ending period Nov-05-2008).

What are the Risk involved in Transferring H1 to Company "B" ? What do you recommend, Should I stay with Company "A" and start the project(risky) on Dec-1 or can i Move to Company "B" for secure and better opportunities?

If INS doesnt attach I94(Due to out of status for few(9-10) days) then i may have to go out of USA and Stamped Visa, Visa stamping may be a problem incase of small company.

What is the best,legal and safe available option for me?
 
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