Laid off on H1B...now what to do?

[aru_s]

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.

[JoeF]

If a new H1 is approved for you, it would be without COS, since you have been out of status.

[pontevecchio]

Get the petition approved and leave and come back with the H1 visa.

[t75]

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.

[omshiv]

talk to an attorney before you leave the country with the approved petition.