H1b visa towards end of 60 day grace period


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I recently got laid off mid of august and my 60 day grace period ends mid of october.

1. I would like to know do I have to go outside of the country to secure h4 visa and to be in status? or simple apply online?

2.what if i get offer in first week of october and background check etc takes a while , I cross 60 days and new employer sends h1b application after 60 days? do I violate in status criteria?

Please advice..if someone went through similar situation that would be helpful.

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Hello Avish,


My own experience here.  If you're within the 60 days timeline, you can apply for COS from US. After the 60th day, you cannot change status from US and will have to travel to your home country.

2. As far as status goes, once you're cross 60 days, you're technically out of status, but not accumulating "illegal stay" as long as you're I94 date is valid and have a valid stamped visa 


If the offer is made within the 60 days, nothing to worry even if the paper work takes a while, since the sponsoring company would have made necessary arrangements. 



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