Laid off on H1B - Need help URGENT

worriedsis

New Member
My brother, who has a valid H1B got laid off last week. His layoff notice says that he has 2 weeks notice period and a 14 week bridging period over which his severence pay will be spread out. My questions are -
1. What will INS consider him : in-status or out-of-status?
2. Will the 2+14 weeks be considered as employment?
3. How long can he stay in the USA looking for jobs?
4. If he gets a job, can his H1-B be transferred?
5. Will the H1B transfer come under the new H1B cap?
6. If his H1B is transferred, will he need to go to his home country to get it stamped?
 
Ask him to get an employer who will apply for the transfer. He needs three paystubs for the transfer. He will not come under H1-B cap as long as he was not layed off from a exempt organization and gets a job in non exempt organization.

If he is not travelling then he doesnt need a visa stamp.

HTH
 
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