Laid off on 7/14 on H1b

[pratikp]

Hi everyone,

I got laid off without any notice by the employer on 7/14/2017. I have secured a job offer and it is in process of background check which would take 5 more days until new employer files for H1b transfer; estimated date 8/24.

I have informed the employer that I am on H1b and laid off on 7/14. And with 60 days discretionary period I have informed that I am eligible for work in the USA. Am I correct to say so? Or I am considered as out of status.

I am reading multiple resources which says I am out of status right from day 1. I am not sure what to do. Should I leave the country and get back with stamping on new H1b petition? I do not want to break or intend to break any laws around immigration.

Kindly advice.

I am on H1b till dec 2017. (2nd year on h1b) I checked the status on USCIS website it still shows as approved and sent. (status of current petition)

[samlynn]

H1b

Some time ago if you were laid off or no longer working while on H1B then immediately you were out of status. Now, they have that 60 day period where you are not considered out of status and you have time to take care of business, including finding a new job.
So you are correct in telling the employer that you were laid off and for them to file for the H1B transfer. Hopefully, that transfer can be applied for soon to keep you in status.

[pratikp]

is waiting for right offer smart move?

Some time ago if you were laid off or no longer working while on H1B then immediately you were out of status. Now, they have that 60 day period where you are not considered out of status and you have time to take care of business, including finding a new job.
So you are correct in telling the employer that you were laid off and for them to file for the H1B transfer. Hopefully, that transfer can be applied for soon to keep you in status.

After getting laid off I am comteplating about career choices I made with regards to joining a firm. Since I have choice this time to make better decision.
I have one offer in hand with deadline of monday 8/21. And 2 more offers in process to be received by today 8/18 and 8/21. Is it a smart move to wait till monday to make a decision? Or should I reply to first offer on friday itself and get background check process moving.

[samlynn]

H1b

since it's only one extra day, i would wait. you don't want to start one process then change your mind. it's getting close but it's still doable.

[pratikp]

Can i start working when employers send the package via overnight shipment?

since it's only one extra day, I would wait. you don't want to start one process then change your mind. it's getting close but it's still doable.

Can I start working from next day onwards of the date of overnight shipment? Or do I have to wait till official receipt notice?

What if USCIS reject the h1b transfer and I started working from package shipment date?

If I do and USCIS accepts H1B transfer with Stamping requirement will I be breaking any laws?