H1B reject and laid off.

[vidhu123]

Hello All

I have a question. I got laid off last Thursday. so I am trying to file a H1B from staffing agency but I know its going to get rejected. so my question is when does I was out of status at the time , i got laid off or the time my H1B got rejected.

[JoeF]

You are out of status now. There is no grace period.

And forget any "staffing agency." THat would only make it worse.

[Company 2]

You will be out of status, only if the new H1B petition gets rejected. The new employer being a staffing agency or a MNC doesn't matter. Approval/Rejection is what matters.

[JoeF]

You will be out of status, only if the new H1B petition gets rejected.

The OP said he is "trying" to file an H1 through a staffing agency.

That means that he hasn't yet. That means he is out of status.

The new employer being a staffing agency or a MNC doesn't matter. Approval/Rejection is what matters.

And staffing agencies would get a denial, and the person could be retroactively illegal.

Only employers can file H1s. Consulting companies are not staffing agencies, btw.

[goomail]

Ideally, you become out of staus when you get laid off, there is no grace period. As per the H1 regulations, to be in staus, you should get paid as per the LCA. Still, you can try for an immediate H1 transfer, but approval is not guranteed.