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Will be laid off on H1-B with two weeks notice

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  • Will be laid off on H1-B with two weeks notice

    Hi, I have a complicated situation and would need some help to know what options I have. I am in second term of my H1-B, which expires on Sept 30, 2018. I was told on Dec 21st, 2016 that I will be laid off from my present company XYZ on January 3rd, 2017.

    Now I was in talks with another company PQR who would be giving me an offer by January 6th, 2017 (I will be out of status for 3 days on this date). After I accept this offer, I think it will take at least a month to transfer H1-B. I have following questions -

    1. Does this H1-B transfer filed by company PQR need to be a normal transfer (change of employment) or consular notification? Please give reason for your opinion.

    2. Shall I stay in the US until PQR is done with my H1-B transfer? I have conflicting opinions saying that you can't stay even a single day in US after last day or you can stay up to one month. Just so you know, my latest I-94 shows same date as my h1-B expiry date. Additionally, I have a 10 year B1/B2 visa which expires in September 2017.

    Please advise accordingly and thank you in advance.