URGENT: Laid off while H1B EOS is pending and previous H1B already expired

[sandeep96]

I've been informed my job is being eliminated next Monday. My employer had filed for a H1B extension in April, which is still pending with USCIS but, my most recent H1B has already expired in July.

Given this situation, do I get any grace period in this case or am I expected to depart US immediately? Do I have an option to just convert to H4 on my wife's H1B to stay in US?  Please advise on my available options.

[Attorney_20]

Unfortunately, there is no grace period if the employment is terminated after the current I-94 card expires. You can try to file the change of status to H4 before next Monday. If the company withdraws that petition, you will have a gap in your status and you will likely get an RFE on your H4 application about this. You can respond to that RFE asking USCIS to waive the lateness of the filing due to extraordinary circumstances beyond your control (i.e., losing your job while the extension was pending). Otherwise, you may need to travel outside the U.S. to apply for an H4 visa to return to the U.S. in status.