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H1b transfer after layoff

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  • H1b transfer after layoff

    My employment is being terminated on 31 May (thats my last paycheck) and HR says i have roughly a month after that to find another employer to file for H1b transfer.

    I am confused - on one hand i read that I immediately go out of status and should switch to B2 while on the other hand, i read that USCIS mostly allows some "reasonableness" period of around a month. Does it have anything to do with my current employer revoking my H1b or not ?

  • #2
    Originally posted by drftgmlss View Post
    My employment is being terminated on 31 May (thats my last paycheck) and HR says i have roughly a month after that to find another employer to file for H1b transfer.

    I am confused - on one hand i read that I immediately go out of status and should switch to B2 while on the other hand, i read that USCIS mostly allows some "reasonableness" period of around a month. Does it have anything to do with my current employer revoking my H1b or not ?

    You should not be out of status until May 31st. It doesn't matter if your employer revokes the petition, you may still use that to transfer to a new employer.
    This is just my opinion, not a legal advice.

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    • #3
      Originally posted by SKDS160 View Post
      You should not be out of status until May 31st. It doesn't matter if your employer revokes the petition, you may still use that to transfer to a new employer.
      I was wondering about June. Although I am giving interviews, it doesnt look likely that my next employer will be able to file for H1b transfer prior to May31 (more likely file sometime in June).

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