Layoff on H1B and H1B transfer

[HardyUSA]

Hi!

I got laid off in the last week of February 2013. I got my last pay stub on March 8^th. Now there is one company who is ready to transfer my visa. However it’s been more than a month, I received my last paystub, so according to the new company’s lawyer, I might have to go back to India (home country) and re-enter in United States. In this case I would like to know if my previous employer is supposed to give me one way ticket for me and my dependent. I would like to know if I can ask them for one way ticket to India even if I am going to come back to USA to join another employer. Please let me know. Thanks!

P.S. As of today, my previous employer has not revoked my H1b, neither USCIS has any intimation about it.

[jairichi]

I believe irrespective of your H1B revoked or not by your previous employer you are out of status once your salary stops coming. You should have left US right away as this stay in US (out of status) might come to haunt you at a later stage when you apply for GC. Yes, you have to leave the country and re-enter after applying for a H1B visa by consular processing

[pontevecchio]

You can politely ask and see what happens

[JoeF]

It is irrelevant for you if the H1 has been revoked or not. You are out of status from the day you got laid off.

[t75]

Your former employer is not required to do anything for your dependent; they are 100% your responsibility. They are required to give you a ticket home upon layoff; however, since you were laid off in Feb and would have taken that option at that time and it is now April, you likely lost that opportunity since you had no intention of returning to your home and planned to look for a new job which you now have. It just took you longer to get a job than you expected and now have to opt for consular processing or reentry on a valid visa.