Urgent !! Laid of today on H-1B visa --> my options

[fangsz]

Hello,

I've been told today is my last day at work, since the company is getting into a merger.. Company is paying my severance for 7 weeks and is willing to pay airfare if i decide to leave the country etc.. (I am not a consultant work full time in a mfg industry)... My HR says I need to leave immediately.. I need atleast few weeks before i can find and lay my hand on a new job..

What are my options here?

1. My HR suggested I file for B1-B2 visa, and once I get a new job I can re-apply for H-1B ( Is this true ??) ; if yes I hope it is not accounted in this year annual cap which is full

2. Any other options for me

Plz advice

P.S - JoeF if ur still around will appreciate ur feed back as well

[Attorney_22]

Generally, an individual can file for a change of status from H1B to B2. However, technically for a change of status to be approved the applicant needs to be in status at the time the application is received by USCIS- which would be today if it is your last day of work. Otherwise, it is at the discretion of the officer to decide if the period the individual was out of status was sufficiently short enough to warrant discretion. Moreover, it may take USCIS a few months to adjudicate the change of status petition, thus if you find H1B employment it may or may not complicate things in the interim while the change of status from H1B to B2 is pending. Due to these complications it is advisable to speak to a qualified U.S. immigration directly. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[fangsz]

Thank you Attorney_22. This is very useful piece of information