How long before I am out of status?

[stingray70]

Hi,

I had been on H1-B visa (sixth year expiring on Oct/01/2005) with a US software company. The company also filed for my labor certification which recently got remanded back from federal to state and but is still pending a decision. On last May/17/2004, I have got laid off from the company.

At this situation, how long can I search for another job to sponsor for my H1-B without loosing my legal status here in United States?

Your advice would be greatly helpful!!!

- stingray70

 

[visak]

You are out of status.

There is no grace period in the view of USCIS for a laid off employee on H1. You should find an employer right away and file H1 transfer. USCIS may ask for latest pay stubs from current employer as proof of being in H1 status. If you can't provide latest pay stubs, new H1 will be issued without I-94 attached to the approval notice and you will have to go out of USA to get passport stamped with H1 visa. If current employer notified USCIS requesting cancellation of H1, removal proceedings will start in your case. Hurry up.