Layoff and H1B Visa Transfer

[AskMurthy4Help]

Hi,

I have couple of question regarding H1B transfer in case of layoff.

1) I have been laid off from company A and was told by the immigration attorney that I will have 60 days grace period to file a H1B  transfer. My grace period ends on 8/14. I got a job offer from Company B and they have filed my LCA with DOL. But I am worried that company B might  not be able to file my H1B transfer on or before 8/14. If they miss the date, what options do I have to to maintain my Visa status and stay legally in the US?

2) I have been told stepping out of the country until the new H1B is approved is an option. I have a stamped Visa from company A for 2 more years. So if I step out of the country and plan to return after I get the new H1B approved from company B, do I have to go for stamping?

Thanks in advance.

[gopalakrishnach]

1) Till when is your I94 valid. I may be wrong till its end date you can stay in USA legally but cannot work until your H1B is approved.

2) No stamping. You need stamped visa with approved H1B copy.

[GCoder]

you do not need to go for stamping as long as visa is valid. 

[AskMurthy4Help]

On 8/9/2019 at 3:39 PM, gopalakrishnach said:

1) Till when is your I94 valid. I may be wrong till its end date you can stay in USA legally but cannot work until your H1B is approved.

2) No stamping. You need stamped visa with approved H1B copy.

I have my I-94 Valid till 12/2021. I doubt I can stay in the US until I-94 is valid. Its either the I-94 expiry date or 60 days, which ever is shorter.

[gopalakrishnach]

Yep- Its either the I-94 expiry date or 60 days