Pumba

Hi all,

I am currently on H1B. Recently there have been quite a few lay offs at our
company and I am afraid I may be next. So I am preparing myself for the
worst and want to know what my options are. So, I have a few questions:

1. I have already started looking for another job while I am still
currently employed. What is the process if I get an offer from a company
while I am still employed here, i.e. how does the whole transfer of H1B work
and how long does it approximately take for it to go through? (I am in
Chicago if that helps)

2. What if I get laid off before I find another job? How long do I have to
find another employer willing to transfer my H1B? Am I considered "out of
status" the day I get laid off? If so, how many days do I have to before I
am considered "Illegal"? I heard if I did get laid off, I would have 30
days to look for another job otherwise I would be "out of status"
then.....but am not sure if that is true.

Any advice would be appreciated.

Thanks!

J. J. Farrell

"Pumba" <> wrote in message
news:6M46c.1482$...
    > 1. I have already started looking for another job while I am still
    > currently employed. What is the process if I get an offer from a company
    > while I am still employed here, i.e. how does the whole transfer of H1B
work
    > and how long does it approximately take for it to go through?

The prospective new employer goes through almost exactly the same
process as any other employer who wants to employ an H-1B. You can
start to work for the company as soon as the application has been
formally received by the CIS - most people wait until they have
received the official receipt. Approval takes about the same length
of time as other H-1B applications, except you're not subject to
the cap. If the application eventually gets rejected, you have to
stop work immediately. If you want to be really safe, have the
application done by premium processing, and don't start with the
new company until it is approved.

    > 2. What if I get laid off before I find another job? How long do I have
to
    > find another employer willing to transfer my H1B? Am I considered "out of
    > status" the day I get laid off? If so, how many days do I have to before
I
    > am considered "Illegal"? I heard if I did get laid off, I would have 30
    > days to look for another job otherwise I would be "out of status"
    > then.....but am not sure if that is true.

You go out of status as soon as you are laid off, and are supposed
to leave the USA "immediately". If you want to stay and want to keep
your status clean, apply for a change of status to B-2 (visitor) on
the say you are laid off. You can change back to H-1B later.

If you are out of status, you are "illegal". What you must really
avoid doing is staying beyond the "admitted until" date on your
latest I-94.

When you find a new job, the new employer can apply for an H-1B
transfer. If CIS accept it as a transfer, you'll be granted an
extension of status. If not, they'll most likely grant the H-1B
but not an extension of status. In this case you have to leave
the USA and re-enter before starting work. The shorter the gap
between jobs, the more likely it is to be treated as a transfer.