Layoff on H1b - I-539/30 days timeframe - What does the law really say?

[anjali2117]

In the event of a layoff, just wanted to have a clear understanding of the options as still have few doubts.

1. If a layoff happens on friday evening, can a COS-B2 be e-filed the same evening or is there a cut-off time to e-file I-539? If e-file is not possible, for any xyz reason; can the form be downloaded and submitted via regular mail on Saturday as usps offices close by friday evening?

2. If a new employer is ready to do a transfer, does a COS to B2 is still required? This is considering the fact that the new employer will spend 7-10 days in filing LCA and preparing other docs.

3. Some websites say that there's a 30 day timeframe to find new employment. Does it all depend on whether the previous employer has revoked H1 or not?

Thanks

[wiweq]

1. If a layoff happens on friday evening, can a COS-B2 be e-filed the same evening or is there a cut-off time to e-file I-539? If e-file is not possible, for any xyz reason; can the form be downloaded and submitted via regular mail on Saturday as usps offices close by Friday evening.

=> The next day of layoff the out of status days start. File COS online or postal, the date stamp should not be more than 1 day. Now, use you own judgment when to file the COS.

2. If a new employer is ready to do a transfer, does a COS to B2 is still required? This is considering the fact that the new employer will spend 7-10 days in filing LCA and preparing other docs.

=> Yes, USCIS will be interested to know that why were you OOS in those 1 week.

3. Some websites say that there's a 30 day timeframe to find new employment. Does it all depend on whether the previous employer has revoked H1 or not?

=> Those websites don't know about H1b regulations. If you trust wiki, wiki H1b. Search for: "Under current law, H-1B visa has no stipulated grace period in the event the employer-employee relationship ceases to exist."

There is a 10 days of grace period that too in the case if the H1b duration is over, means I94 date is expired. After I94 expiry beneficiary get 10 days to leave USA. Of course, because those days beneficiary is not on any status, H1b extension or COS is not possible.

[pontevecchio]

If you are laid off you can apply for a COS to B2 at the earliest possible time you are able to. It may or may not be approved in the fullness of time. By that time you would have found a new sponsor or left.