H1B layoff Questions

[manimala.chandra]

I have been employed with a Company since October 2011. I am getting laid off now. I have valid H1B stamped till October 2015.

My questions are:

1. Can I go on a leave of absence till I find a new employer? If yes, how long can I be on Leave of absence. What supporting documentation would I need to support my leave of absence?

2. If I cannot go on leave of absence and am forced to go on H4, will I have to wait till October'2013(also will i fall in the cap count, which is practically reached..??) to start working if I find a new employer earlier who can sponsor H1

Regards

Mani

[JoeF]

There is no leave of absence possibility.

You are out of status from the day of the layoff.

[bedardi_visa]

I have been employed with a Company since October 2011. I am getting laid off now. I have valid H1B stamped till October 2015.

My questions are:

1. Can I go on a leave of absence till I find a new employer? If yes, how long can I be on Leave of absence. What supporting documentation would I need to support my leave of absence? I believe your employer should agree for this.

2. If I cannot go on leave of absence and am forced to go on H4, will I have to wait till October'2013(also will i fall in the cap count, which is practically reached..??) to start working if I find a new employer earlier who can sponsor H1

No need to wait till Oct 2013. As soon as you find a sponsorer to transfer your H1 visa, you can join once Approved (not just filed). Only constraint is that your employer shouldn't revoke your H1B visa. These are my opinion as per my knowledge and may not be right.

Regards

Mani