What are my options now - H1B case

[omega77]

Hi All,
Here is a quick recap of my situation - married, graduated with a masters, worked on OPT for 4 months and then started on H1B this october.

My current company has announced layoffs of upto 50% and I am thinking that I am one among them. So I am valuating my options here.
I dont want to leave till I am asked to go since I signed an agreement that I will work with them for two years.

So in the event that I am asked to leave, I would like to transfer to dependent visa status. In this case, if and when I find an employer,

1. Can I use my existing H1B visa ( valid for three years) and do a H1B transfer.
2. When can I start work ( from when the H1B transfer is filed or from when the approval comes ).

Is there any other option that I am ignoring.

Thanks all for your inputs.

[kabkaba]

Hi All,
Here is a quick recap of my situation - married, graduated with a masters, worked on OPT for 4 months and then started on H1B this october.

My current company has announced layoffs of upto 50% and I am thinking that I am one among them. So I am valuating my options here.
I dont want to leave till I am asked to go since I signed an agreement that I will work with them for two years.

So in the event that I am asked to leave, I would like to transfer to dependent visa status. In this case, if and when I find an employer,

1. Can I use my existing H1B visa ( valid for three years) and do a H1B transfer.
Yes, don't worry about the visa, it is only good for entering the US. Your time in dependent status is not counted towards the three years. So you can do a transfer later and you will not have to go through the lottery.


2. When can I start work ( from when the H1B transfer is filed or from when the approval comes ).
I think after you get the receipt notice, but not sure.
Is there any other option that I am ignoring.

Thanks all for your inputs.

Answers above.

[txh1b]

1. You can use any period left out of the 6 year H1b at anytime with another employer. Think of remaining in valid status. Keep your COS to H4/other dependent status ready so that you can have it filed immediately upon layoff. As per the books, you are out of status the day you get laid off. But if you last paycheck falls a week later, you will be lucky as USCIS goes by paystubs to determine till when you held valid status.

You can quit anytime after the COS to dependent status reaches USCIS and remain in "authorized period of stay". If you find another employer meanwhile, you can use your old H1b petition + you COS receipt+new employer H1b transfer petition, go for PP, begin job immediately upon H1b approval. You withdraw the COS petition as the last action rule could change your status to H4 if it gets approved later than the H1b transfer.

2. If you were in valid H1b status at the time of filing of the transfer to another employer, you can begin work immediate on the day the transfer reaches USCIS by whichever mail service you used.