Laid off but got a new offer. How would H1B transfer work?

[F12H1]

Hello All,
My company is letting me go and 10/03/2012 (two days from now) would be my last day at work. I have found a new job and there are sponsoring my H1-B as well, the process is yet to start. The new company's lawyer said I have two options until the new H1-B is approved.

1) Leave USA & then obtain new H-1B visa in India at U.S. consulate or
2) File application for I-539 to continue here on B-2 tourist visa and await approval of new H-1B.

Are these the only two options? What I had read in many other forums was that although there is not grace period if the transfer application is done within two to three weeks from the termination date there should not be any problem. Can any one please confirm this? Also what other options do I have?


Thanks,
F12H1

[F12H1]

Bumping up the issue!



Thanks,
F12H1

[kabkaba]

USCIS goes by their receipt date for the new petition. But for your current status they sometimes ask for last day of work or sometimes go by last paystub date. Sometimes they ignore a small gap between the two (receipt date and last date). But that is not guaranteed.
What your new employer's lawyer has suggested is correct, but you can take a small risk and stay if you want to.