Out ot status?? Tricky situation

[aah101]

Hi,
I am getting laid off by company A. Company B is filing for my H1 say a week after that. I guess I will be out of status and should leave the country. Is that correct? How many days do I have to leave the country and come back once Company B's H1 approval comes in, and I can enter the US on that visa which I will take in my home country? Any other advice other than leaving the country?

Please advise.

[Nikki1997]

I remember hearing that you can stay for 10 days. Also with the new law, I think you can start working with the new company before the second approval came. Also please note I have limited knowledge.

[immi888]

Yes, you are right. You are basically out of status on the date you lose your job according to the law. But in practise, you may stay in US if you can find another job fast enough, i.e. within a week. Generally, the H1B transfer petition needs your old company latest pay stub to prove you are in H1 status. Some company may pay fonightly or monthly. So if you can get a job fast enough, INS may be hard to think you are out of status. Even for a person still working, his latest pay stub may not be up to last day.