Laid-Off - Questions on new H1

M

missie

Registered Users (C)
I have just been laid off from my company yesterday and am looking for another job. If I get an offer from another company, does the company have to apply for a new H-1B for my case or is it considered a transfer?
How long does it take to get an approval?
Also, do I need to get another visa stamp upon approval? My current stamp with my ex employer last until 2004.
Any information is much appreciated.
Thank you in advance!
 
Its considered transfer

1. The application by new company is considered transfer.
2. Trasfer and new H1 take around the same time ( depending on center were h1 is applied)
3. U donot need to get new visa stamp as long as ur ols 1 is valid. but while travelling outside have a copy preferably original h1 be approval with u.
 
More Questions...

Thank you for clarifying that up for me. I have another question.
I don't really know when I'll get a job offer.. it could be one week, one month..few months...
My question is... will INS approved H1 transfers for someone who has been out of a job for a few months?
By law, one who has been laid off should leave the country immediately...
Please give me your advice on this matter.
Thank you so much!
 
Same here

I am in the same situation. I was laid off on 3rd July and was on payroll until 19th July. I am looking for jobs and haven't got any offer yet. But to be safe and to retain my status I have applied for H4 at VCS.
If I get offer in coming 2/3 weeks and if i apply for new H1, can I still get it transfered? My old H1 was valid until 2004.

Thanks
 
Re:

What's an H4? Do you file H4 if you are married to an H1-B worker? I would like to know if there is someone out there who have been laid off for a few months and have successfully filed another H1B with another company. Please share your experience with me in terms of procedures.. what do you tell INS when you were out of a job for a few months??
Thank you.
 
H1B layoff

After you get laid off, you need to apply for a different status, such as F2, H4, B etc. within 10 days. If you don't apply, then your status is invalid and your stay is illegal technically. After you find another job, and apply for the new H1B again from F2, H4 etc. If you don't apply for another status, the chance to get denial of the H1B is big. I heard two scenarios: (1) if you are out of status, INS still grants you the new H1B, but you have to travel outside US to have a H1B visa to make the status valid (2) if you are out of status, INS could deny your new H1B.
 
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