H1B Layoffs

[bhalderia]

I am on H1-B Visa , holding Indian passport. I have I-797A approval letter from USCSI valid till October, 2024 for my current employer. But, my H1-B Visa stamp on passport is only valid till October, 2023. What happen in bad scenario , while I travel out side USA for visa stamping or travel for pleasant  or travel to attend family function and suddeny my employer lay off / terminates my employment. Also considering my employer send notice to USCIS regarding H1B termination / Cancellation. What are chances of my visa stamping  or if stamps successfully done any issue while returning to USA ? How 60 Days Grace period rules plays in that scenarios ? Please let me know your response that help me . Thank you for all your help in advance. 

[Zodiac System]

If you are in India and your employer terminates you, then you have to find new employer, get an H1b  transfer and come back with new stamp.  Hope you have an I-140.  Good Luck.

Edited October 9, 2023 by Zodiac System

[Attorney_20]

If the employer terminates the job while you are outside the U.S., you cannot apply for an H1B visa stamp.  The 60 day grace period only applies if you are in the U.S. at the time the layoff occurs.  If the layoff happens while you are outside the U.S., you will need to find another employer to file another H1B petition and apply for the visa stamp after that petition is approved.