H1B expires in 3.5 months and laid off by company

[Rogerthat]

Hi guys,

My company had a pretty big lay off recently and unfortunately I was one of those people. My company provided me a 90 day notice. So my last day is September 1,2018.. My H1-b expires on September 10,2018..

My H1-B extension which was filed two months ago (regular processing) is still under process(with USCIS) and I haven’t gotten a decision yet. Any idea what will happen to my current application since I won’t be a employed starting September 1,2018? I’m hoping it will still be valid. 

I am in the process of finding another job in the meantime. In case application for H1B extension is valid and it gets approved, will I be able to transfer it the other company ?

Any recommendations/suggestions regarding , what I should do/ how I should proceed, would be greatly appreciated. 

Thanks.

[JoeF]

They will cancel the H1 extension.

You have a 60 day grace period after layoff to find a new employer.

[Rogerthat]

I haven’t been informed yet if they will be revoking or not. In case they do, and I am able to find a job with another employer, I still won’t be able to work past September 10(my current H1b exportation date)? 

Fyi, I have been on H1-b for 3 years now. And my extension would have been for another 3 years.

Should I request my employer to not cancel the petition since that will give me a chance to transfer the new H1-b extension(if it is approved)  to another company? 

 

Also, regarding the 60 day grace period. Isn’t the grace period valid only when you are in H1-b status? Since my H1-B expires September 10, and my employment ends September 1, I don’t think I will have a grace period 60 days past September 1, am I correct?

Appreciate your help. 

[JoeF]

The grace period is 60 days or the time to I-94 expiration, whichever is shorter.

[vinodhts]

I believe you need to have valid I 94 to stay in country to use the 60 days period. Otherwise you need to exit. But since you have till Sep, just switch to any company and once approved join them or file the transfer file in regular process which takes a year now to approve or make decision but you can start once you got the receipt of filing.