Immigration Issues/H1B worker laid off


Mark, I hope you'd be able to help me out here. Iam H1B worker and was laid off yesterday (04/11)by my employer due to current economic conditions. My payroll would run until April 15. Here's my question-

1. I had been talking to prospective employers in US and should be able to find a job in a maximum period of 30 days. Question is-
* do i have that much of time ?
*If Iam required to change status to be "in status"( like H1B to tourist or business visa) will it mean that my new employer would need to file a new H1-B petition for me or can I still avail H1-B portability? If it's a new H1-B petition , do i fall under the "quota" ? (Iam a Master's graduate of 2004 from US university)
* Iam talking to 2 companies - company A is willing to transfer my H1-B as early as by Apr 18 to help me maintain my status (they are like body shoppers) HOWEVER company B is still interviewing me and Iam hoping that in the next 15-20 days I should get an offer from them as well. Do you advice me to take H1-B transfer with company A and then move on to company B? Can 2 companies petition for me, one after the other?

* Regardless of the above questions what would your advice be for me in this situation? Do you suggest a visa change to tourist/B1, a visa transfer to a company that i do not wish to work with but who can help me maintain my status OR wait for another 20-25 days when i can get the offer from the company i want to work with?

Sorry for the long question. Iam trying very hard to collect my thoughts and write coherently .

Thankyou for your time

Since you have been counted against the quota, you are exempt from it.  Legally you are out of status from the day you lose your job.  However, if get your job and apply within the next pay cycle the USCIS may forgive the gap.  

Find a job ASAP and apply for a new H with the new employer or you could leave the country and search for an H job and then reenter once you get a new job.

Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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