H-1B 8 months extension rule

[Nik007]

I am currently employed but the company has told me that I will be laid off in the next month. 

I am working on H-1B visa. My I-94 is valid for another 2 years.

Does the 8 months extension rule is applicable for me ? If it is, what's the procedure ?

Thanks.

[gopalakrishnach]

Normally you can stay in USA by 240 days or expiry if I94 which ever comes first.

New employer must submit H1B petition and get it approved, Since you will be laid off, I guess you can join new employer on H1B receipt number.

[User099]

You will only have 60 day grace period after your current job ends. You need to find a new job and you can work for them while the H1 petition is pending.

[Nik007]

I thought there is a 240 days extension period provided. Will that be applicable to me ?

[JoeF]

56 minutes ago, Nik007 said:

I thought there is a 240 days extension period provided. Will that be applicable to me ?

You are confused.
There is a 60 day (or until the I-94 expires, whichever is shorter) grace period.

There also is, if an H1 extension or a transfer is filed before the end of the grace period, a period of up to 240 days after I-94 expiration during which you can work for the employer even though the H1 isn't approved yet. But again, for that, an H1 extension or transfer has to be timely filed, before the end of the 60 day grace period.

[gopalakrishnach]

11 hours ago, JoeF said:

You are confused.
There is a 60 day (or until the I-94 expires, whichever is shorter) grace period.

There also is, if an H1 extension or a transfer is filed before the end of the grace period, a period of up to 240 days after I-94 expiration during which you can work for the employer even though the H1 isn't approved yet. But again, for that, an H1 extension or transfer has to be timely filed, before the end of the 60 day grace period.

Nice explanation. Thanks JoeF.

I stay corrected as per JoeF advise above.

You need to file within 60 days or I94 expiry new H1B petition ( outside lottery)

You have 240 days after i94 expiry to work and stay in USA if you have pending H1B petition with USCIS..