H1B transfer / Out of Status (Urgent)

[chiidcare]

I am in my 5th year of H1B, expiring JAN 2013.

I have an I-140 approved in EB2 category.

I got lay'd off from my company on 25th Jan.

My Company said they are not going to inform USCIS until next 30 days

How long do I have before I can get my H1 transferred?

If I make it too late can it affect my GC process in future?

As of today, am I Out of Status? If yes, what does that mean and what could be the consequences?

[JoeF]

Yes, you are out of status. It means that you are no longer in legal status, in other words, you are illegal.

CIS usually is fine with a few days gap between H1s, but there is no guarantee.

And for the GC, a new employer would have to start from scratch. You can keep the PD, though.

[Chitown01]

Yes, you are out of status....

There is nothing like "transfer" there is always a new petition.... you will need to get paid all the time, even if your employer is going to inform uscis after 30days....

If you find employment and new employer files for H1, you will have to submit all paystubs, w/o paystubs, uscis might approve petition but deny extension of stay and you will need to get stamping done and re enter

There is NO grace period on H1

[chiidcare]

Thanks for the replies.

Does "Out of Status" literally means I am illegally staying in the US?

[Chitown01]

I think so, but there is a sliver lining some ppl say if you I-94 has expired then you start accquring illegal stay ... Check with attorney

[chiidcare]

I have found an employer who has already started the process to file a new H1B petition for me.

I have question about my starting date at the new employer:

Should I try and start at the new job ASAP or I can choose to start at a later date too (since my petition is already in process)?