Laid off while on H1B

[frenchcap]

I have been laid off from my last company since Aug 9 2013 and it is coming to 1 months and I still haven't found a new job yet, but I do have a few potential companies interviewing me. I read the forum and know that I am out of status. if a company hires me now, can they file for a H1-B transfer? My old company has not revoke my current work visa yet.

 

Next question, how do I change status from H1B to a B2 and then hope to get hired and then refile for a new H1B? Do I go somewhere to file it or do I have to leave the country and re-enter as a visitor?

 

I own a house and a car in this country, what happens when I have to change status?

 

Lastly I was selected for the DV lottery for 2014, just submitted my paperwork to process the application. I am already in the USA. Does this help my case in any way to stay in the country?

 

Stressed out

 

 

 

[jairichi]

I have been laid off from my last company since Aug 9 2013 and it is coming to 1 months and I still haven't found a new job yet, but I do have a few potential companies interviewing me. I read the forum and know that I am out of status. if a company hires me now, can they file for a H1-B transfer? My old company has not revoke my current work visa yet.

 

Next question, how do I change status from H1B to a B2 and then hope to get hired and then refile for a new H1B? Do I go somewhere to file it or do I have to leave the country and re-enter as a visitor?

 

I own a house and a car in this country, what happens when I have to change status?

 

Lastly I was selected for the DV lottery for 2014, just submitted my paperwork to process the application. I am already in the USA. Does this help my case in any way to stay in the country?

 

Stressed out

Since you were out of status for a month when a H1B petition is filed now you will receive RFE as you will not be able to submit last 1 month pay stub. Old company revoking your H1B is irrelevant. 

 

You have to apply for a COS from H1B to B2 by filing I-539 form along with supporting documents and a check of $290. Even here you need to submit latest pay stubs.

[omshiv]

Owning a house on a Non-Immigrant visa is straight foolishness...you never know what's going to happen to your status..and yes you are correct about it, you are Out of Status...you should have immediately did a COS to B1/B2.

 

Once you get a job..you might receive a RFE and even asked to go back to your home country get it stamped and come back.

[rahul412]

Next question, how do I change status from H1B to a B2 and then hope to get hired and then refile for a new H1B? Do I go somewhere to file it or do I have to leave the country and re-enter as a visitor?

That's correct, but you should have did it on the first day itself. If in case your H1 transfer is filed you might be in trouble for not having the latest paystubs for approval