Time remaining on H1 after being taken off pay-rolls

[Hopeful_and_Confused]

Hello,

This is quite a common question and yet it is very confusing for me as I have heard varied answers. My employer recently informed me that there are going to be lay-offs in the company and I would be off the payrolls mid-next month (15th). This is the notice time they have given me. I am currently on H1 and once I am off the pay-rolls, I would want to know how long I would have before I find another job. Also, is this time till the time we get the receipt for H1 transfer from USCIS for a new company?

I have found employment with another employer, but they said they are going to take at least a month before filing for my H1 transfer. I am afraid if I will be running into a time-crunch as a result of this.

Please help.

Thanks

[consider]

Assuming you get paid biweekly say 1 and 15 every month, you will get last paycheck on 15 July - It will be good if you can have your h1 transfer filed before Aug 1. That way you will have latest pay slip.
Also you can start working once h1 transfer is filed.

[Hopeful_and_Confused]

Yes, I am paid bi-monthly (1st and 15th every month). My current company said instead of paying me this month end, they will delay it to the 15th of next month, so that I am on pay-rolls till then. So, yes, I will be on pay-rolls till the 15th and hence can have my latest pay-stub.

But I just wanted to know the maximum time, I can be off the pay-rolls before my H1 transfer is filed with the USCIS.

Thanks for your reply.

[eas1]

What I can tell from the experience to a close one is,

He was laid off in Feb 1st 2010, but company was paying till Feb 1st 2010 as X pay to compensate for all laid off employees. He got job offer in Jan third week with a explicit request to the new employer for H1b transfer has to be filed immediately. H1B transfer was filed in the first week of Feb with Jan paystub. And he started working immediately. Then paystub of Feb1st pay was later added to the application just to avoid any queries. And the H1B was approved in three weeks as a premium processing. Hope that helps.

[shervin143]

When you file the H1B transfer, you need to provide the latest pay slips to prove that you are currently in valid H1B status. The day following the last date of employer is considered as the start of your out of status period in H1B. So it is advisable that you file the transfer before your last day of pay check.