Status in the period of L1 to H1

[darinzhou]

Hi,

I work for my current employer with a L1b, and am told I will be laid off. Right now I find a new emploer who will apply H1b (and H4 for my wife) for me in April. My question is, is it legal for me and my wife to stay in US in the period of H1 applying?

Thanks,
Darin

 

[billy__bob]

I assume that your new employer will apply in April for an October start date. Basically, you are out of status the moment you are laid off. If you want to stay legally in the US you need to get in another status, probably B1/B2.
I suggest you get in touch with an attorney to discuss your options.

 

[dcasido]

as long as the H1B is filed at least 45 days before your L1 expires you wont be out of status. however your H1 employment should not start until you get the approval from USCIS.