Laid off on what to do?


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I was working on H1B until I got laid off in the first week of February 2013. My I-94 says that the H1B visa is valid until August 2015. Now I've a job offer in hand as of May 2013. I've been unemployed for last 118 days. I know that the 2014 H1B cap has filled/reached in April.

So does the hiring company apply for H1B visa transfer or a new H1B? Is there any chances that I can H1B approved?

Thank you very much for your time.

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If it is approved, it will most likely require that you reenter the US with a valid stamping. You have been out of status for a significant period of time. This could become an issue if you seek a GC in the future. You shoold have left and reentered one you found a new position or COSed to a different status.

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