H1 lay off

[testthomas1]

I was on H1b when I got laid off on 3 Dec 2013.  My spouse is on H1.  I would like to find another employer who can transfer my H1 so that I can continue working.  Is that a possibility and if so, how much time do I have to find a new employer?  If I don't find an employer, how much time can I wait before I have to switch to H4?  

 

Thank you.

[JoeF]

What did you do since Dec. 3?

Have you filed a change to another status, e.g., H4?

If not, you are out of status right now. There is NO grace period.

You may find another employer, but you have to wait for the H1 approval, and it would be without COS, so you would have to go abroad.

[t75]

You are approaching 1 month out of status. There is no grace period to find a new job after a layoff. Since there is little interviewing and hiring at this time of year and since any new petition for you is likely to be for consular processing, you might as well COS to H4 now to minimize future problems.

[jairichi]

I was on H1b when I got laid off on 3 Dec 2013.  My spouse is on H1.  I would like to find another employer who can transfer my H1 so that I can continue working.  Is that a possibility and if so, how much time do I have to find a new employer?  If I don't find an employer, how much time can I wait before I have to switch to H4?  

 

Thank you.

Zero days. You are out of status from Dec 4th 2013. You should have applied for COS to H4 by 4th Dec 2013. Apply immediately.

[pontevecchio]

It is never a good idea to take things for granted. You needed to file for a COS to H4 ASAP after the lay off. You could still do it. If you find a new H1 sponsor who files and gets a H1 petition approved leave and return with the H1 visa.