H-1B Lay-off in US

[kitti]

I was laid-off recently and my VISA on passport is valid until June of 2010.
Can I go to India, search for jobs, find a new employer, file a H-1B with that client letter, then come back to U.S. I know its a long shot but does that sound better than sitting in the U.S without a paystub because no employer is interested in applying without a client letter.

Also while in India, since I wont be having a I-94, do I have to attend the Consulate despite having time on my VISA/Passport.

Please enlighten me.

[txh1b]

Your approach seems reasonable and sensible thing to do. No new visa is required if you already have a valid visa. Read the FAQs.

[Subramanya]

I was laid-off recently and my VISA on passport is valid until June of 2010.
Can I go to India, search for jobs, find a new employer, file a H-1B with that client letter, then come back to U.S. I know its a long shot but does that sound better than sitting in the U.S without a paystub because no employer is interested in applying without a client letter.

Also while in India, since I wont be having a I-94, do I have to attend the Consulate despite having time on my VISA/Passport.

---- Yes, it is good idea to stay out of the US if you do not have a job and no pay since that would put you out of status. However, you should be paid as per the law even if you are on bench. But if chose you can resign and leave the US

---- As far as your I-94 is concerned you have to submit it to the airline/airport authorities while leaving the US, thus it will no longer be with you

---- REgrding returning to the US if yu get a job you can return provided you have a valid visa stamped on your Passport, offer letter and the approved H1 petition of H1 I-797 with you. At the POE you will be issued a new I-94 valid till the date of the new petition

Subramanya

[kitti]

I thought I went through the FAQ, sorry, I will look again...Thanks.

[kitti]

Thanks txh1b and Subramanya...

So after I find a job and a consulting firm files H-1B with client approval letter and even if he chooses a "Consular Processing" option (because I am in India) I don't have to attend the U.S Consulate (since I have time left on my VISA on Passport)

If that is correct, it sounds great, atleast superficially.

Thanks again guys for the support!

[kitti]

I was really deeply thinking and going "What are the chances of coming back?"
Having to leave prematurely is indeed scary!!

My question from last post is still open

[txh1b]

Consular notification is still chosen but if you have a valid visa already from any employer, you don't need a new visa.

http://www.state.gov/documents/organization/87226.pdf

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a
Change of Employer
(CT:VISA-1041; 09-26-2008)
a. After changing H-1B employers in accordance with DHS procedures for
making such a change, an H-1B visa holder may continue to use his or
her original H-1B visa for entry into the United States. Upon applying for
entry, the visa holder must present the new Form I-797, Notice of Action,
evidencing the approval of the change of employer in addition to the visa.