H1B layoff with I-140, how many days do I have to transfer H1B without Consular proc

[Bhanu_Koletti]

Hi

I am sorry if this question has been already answered, I tried searching the forum but I did not come across concrete information.

I have been laid off by my company, they have given me notice of two weeks. I am on H1B and have an approved I-140.

It is not easy to find a new employer willing to transfer H1B as I am finding it the hard way, even with contracting companies they require client letter before transferring H1B visa.

An unconfirmed source told me that the new law passed in 01/16/2016 gives us a grace period of 60 days to find a new employer for transferring H1B. What I need to understand is, when I apply for H1B transfer during this 60 days grace period will my H1B be approved with consular processing (since i wont have latest paystubs) or will it be approved as it is done normally, meaning i wont have to step out of the country to visit consulate.

Or do I have to file for H1B transfer before the termination/last date at my current job to avoid H1B consular approval

Your reponse in this matter will be greatly appreciated.

Thanks
Bhanu

[newacct]

Hi

I am sorry if this question has been already answered, I tried searching the forum but I did not come across concrete information.

I have been laid off by my company, they have given me notice of two weeks. I am on H1B and have an approved I-140.

It is not easy to find a new employer willing to transfer H1B as I am finding it the hard way, even with contracting companies they require client letter before transferring H1B visa.

An unconfirmed source told me that the new law passed in 01/16/2016 gives us a grace period of 60 days to find a new employer for transferring H1B. What I need to understand is, when I apply for H1B transfer during this 60 days grace period will my H1B be approved with consular processing (since i wont have latest paystubs) or will it be approved as it is done normally, meaning i wont have to step out of the country to visit consulate.

Or do I have to file for H1B transfer before the termination/last date at my current job to avoid H1B consular approval

Your reponse in this matter will be greatly appreciated.

Thanks
Bhanu

As long as the H1b petition and change of status was applied within the 60 days, it was applied while you were in status, and you can remain in the US waiting for the change of status to be approved. You do not have to leave the US.