H1b will be terminated on May 9 (today is April 26), should I change status?

[rc8]

Got laid off on April 9. H1b will be terminated on May 9.  I am a senior software engineer. I have accepted a few onsite interviews that will take place next Monday-Friday (April 28- May 2nd) 
Question: 
1. Should I file a change of status or not? F1 or B2? I have filed for PERM before (denied), no I140. How many days ahead May 9th should I file? What happens if the company files the petition while the F1/B2 is pending? 
2. Does LCA really take a week? The earliest interview is on April 28, is it possible for the petition to be filed by May 9th (if they hire me right after interview (April 28)? Or does it matter if companies file H1b transfer a few days AFTER May 9? 


Please advise on his urgent situation!!

[JoeF]

You are out of status from the day of lay-off.

You should have filed a COS immediately on layoff. Why have you waited until now???

[jairichi]

Got laid off on April 9. H1b will be terminated on May 9.  I am a senior software engineer. I have accepted a few onsite interviews that will take place next Monday-Friday (April 28- May 2nd) 

Question: 

1. Should I file a change of status or not? F1 or B2? I have filed for PERM before (denied), no I140. How many days ahead May 9th should I file? What happens if the company files the petition while the F1/B2 is pending? 

2. Does LCA really take a week? The earliest interview is on April 28, is it possible for the petition to be filed by May 9th (if they hire me right after interview (April 28)? Or does it matter if companies file H1b transfer a few days AFTER May 9? 

Please advise on his urgent situation!!

1. From April 9th you are out of status. You can file COS to B2 but it will be rejected as by the time of filing you are out of status.

2. In your case whenever any company files your cap exempt H1B it would be approved as consular processing.

[t75]

You have been out of status since the date of you layoff. It is likely that May 9 is the date your former employer will send in revocation notice.

 

You seem awfully sure that you will be hired based on the interviews scheduled. This is not in your best interest to operate on this assumption.