H1(B) transfer

[Immi_123]

Hi,
I got laid off, my last day of work was May 9. I was told that I have 60 days to find a job or I have to leave the country. Is it necessary to leave the country after 60 days? Is there any change of status I can do to stay on - like filing for a B visa? Is there anything at all I can do to stay on legally and keep looking for jobs?
Thank you.

[DMX17]

First off, there in no grace period after lay-off.

A Change of Status (COS) is only possible if you are in status. You have been out of status since May 9. You should have applied for a COS to B2 on the day you got laid off as it was the last day you were on H1 status.

If you have an employer, they can apply for an H1 with Consular Processing (CP). After this is approved, you can re-enter with a valid H1 visa and the I-797.

[C4us]

Your employer should have paid your return transportation to your home country. You need to investigate that part of the rules so that you minimize your out-of-pocket expenses.

[vandana716]

I797 extension

My visa is under 221g for client letter. I am going to drop the client letter along with my passport very soon. What will be the validity date of my Visa if I get stamped as my I797 is going to be expired on 30th September 2008.

Is there any chances of getting visa above the validity period of I797,LCA.

What should I do if they give visa in the last week of September 2008.

Please explain..

[txh1b]

It cannot be beyond I797 validity. You need to get an extension filed after you enter US immediately. If they give in Sep last week, you just have to get restamped again after getting an approval for extension.

[Immi_123]

H1(B) after termination

Hello,
Are the rules different after termination. My former company lawyer told me that I have 60 days to find a job or else I have to leave the country. If I go on a F1 before the 60 days are over, can I stay legal. When I get a job again will I be subject to the H1B cap?
Thank you.

First off, there in no grace period after lay-off.

A Change of Status (COS) is only possible if you are in status. You have been out of status since May 9. You should have applied for a COS to B2 on the day you got laid off as it was the last day you were on H1 status.

If you have an employer, they can apply for an H1 with Consular Processing (CP). After this is approved, you can re-enter with a valid H1 visa and the I-797.

[DMX17]

Immi..,

I already answered your questions. Next time you apply for H1, it will be cap-exempt under the remainder option.

You are out of status and hence no COS is possible.