How many days left after losing job on H1B due to layoff

[manju]

Hello

How many days are left after losing job on H1B status due to layoff. I have my visa extension till 2014 with valid I-94 card from approval notice. Last week i lost my job due to mass layoff and in how many days i had to find a new job, so that i can use my existing visa for transfer?

If i need to get a new H1B visa from any new employer, in how many days i had to get a new job?

Thanks

Manju

[livliv]

Technically zero. Practically date of work on your last paystub. The employer is legally required to pay you a one-way ticket to home country.

[pontevecchio]

The employer has to offer you airfare to go back. As you lnow there is no grace period in this situation. If you think you will get a new sponsor in a few days/weeks you can try and then leave and come back on the H1 visa.

[CCR]

I have seen cases where a transfer is successful with a gap of 2 months with last paystubs although this may not be the case all the time as each case would go to a different official and each have their own discretion

[deccanchargers]

Hello All,

I got laid-off and was given 3 weeks notice, My last working day is Dec 30th and I will get my last pay on that day. I found a new employer and he is going to file LCA on 29th (I got a oral confirmation of a project and expecting PO). My question here is, as LCA generally takes a week to approve, I have to wait a week to file my H1 transfer (assuming tentatively on Jan 6th).

My Last payroll on Dec 30th

LCA filed on Dec 29th

H1 transfer filed on Jan 6th

Looking at the above scenario, Am I out-of-status for those 6 days prior to filing H1 transfer? If so, Is staying out-of-status for a week is a very serious, given my future employer has field for LCA?

Inputs appreciated, Please let me know ?

Thanks,

Sid