H1B transfer to new employer

[Amahale]

Hello everyone 

I did my Masters in Business in USA and I am currently on the Second extension of my H1B visa valid till Sept 2021 through my employer. I have been employed in  US since last 4 years and have been working with the same company who filed for my H1B in 2015. Due to budget issues at work and change of management, my company has asked me to give a two week notice as they can no longer have the position in the organisation. I have to submit my two week notice by end of this week and will no longer be able to continue with the company after Sept 8th.

I am not sure what I can do in such short time as I was not aware of this and it came to me as a surprise. I also have my wife here who is currently on a H4 dependent visa. I also haven't filed for my EAD/GC through my company yet. I am not sure what they legal steps are in order to switch jobs and how long I have to get a new job without putting my legal status in USA in jeopardy. 

I would really appreciate if I can get some idea on what my next step should be and what I can do to make sure that I am legally within my H1B guidelines to switch to a new employer

Thank You

 

[gopalakrishnach]

I feel you have 60 days period from Sept 8 to find new employer and file for new H1B.  Before Sept 8, I am sure it will be transfer after that I am not sure but I feel you will be not in lottery.  Find job as soon as possible.

I am not an expert this are just my feelings.

[JoeF]

So, instead of laying you off they ask you to quit???

That's really shady. If they lay you off they have to pay for your trip back to your home country (if you wish to go back.) If you quit they don't have to do that. So they are real cheapskates. Also, depending on how big the company is and what percentage of people they are laying off they may have to pay severance. All that doesn't apply for people who quit. I personally would tell them I am not quitting, they would have to lay me off. My dignity is worth it. But it's obviously up to you if you want to go that route.

In any case, you have a 60 day grace period to find a new job. And avoid fraud companies like your current one.