Layoff & H1 validity and transfer

[DF08]

Hello Experts,
I am currently working in US since May 2007. My H1-B visa expired in May 2008. A renewal petition was filed before the expiry of the same in April 2008 for which I received the approval in September 2008. Now the petition is valid until May 2011.

However I have NOT stamped the new visa and am continuing to work in US on the new approved petition itself, since I haven't traveled outside the country. There is a possibility of me getting laid off by end of February 2009. My questions are:

1. If I go back to India, can I get my passport stamped based on the current petition in order to maintain a visa. I can have an arrangement with my current employer, so that they don't revoke my H1 after the lay off.

2. If I don't stamp the visa, can I use the petition for a H1 transfer in future before it's validity ends in May 2011?

[txh1b]

Read the FAQs. What do you mean by having a visa stamped when you don't have a position with some *arrangement*? It would be considered fraud.

Rather, you could use any unused portion of H1b period left at any time. Read the FAQs!!!

[DF08]

Layoff & H1 validity and transfer

Thanks for your reply.

Hi I didn't intend of any fraud when talking about the arrangement in my previous message. What I meant was if required, I could extend my employment with my current org till the time I got my visa stamped in India.

The reason I was keen about stamping is because I am aware not if I can transfer the H1 petition from India at some later date (validity is till May 2011) without having used it for a visa anytime.

[txh1b]

Hope you read the FAQS and got the answer.