laid off - beyond 60 day grace period - new employer filed H1B petition

[new_user01]

Hi,

I was on an L2 EAD and my employer filed H1B Last year so I moved to H1B Change of Status starting Oct 2016 (Havent yet stamped the H1B on passport since I never left US). I-94 expiry in Jan 2018.
I got laid off in July 2017 and July 27th was my last date with the old employer.
I found a new employer at the end of my 60 day grace period (25th Sept 2017) and they will be filing a premium processing H1B petition tomorrow (Oct 4th).
I never applied for change of status to dependent visa since the there were talks going on with the new employer for a hire which unfortunately completed a bit late.

My attorney of new employer has mentioned that it is fine to wait 2 weeks in Out of Status (low risk as per him since I-94 hasn't expired) for the result of H1B petition and then go to India and get the H1B stamped.

My concern is - Is it okay to stay Out of Status in US for another 2 weeks especially when my 60 day grace period ended on Sept 25th 2017 and wait for the H1B petition to be approved?
OR go to India immediately (since I anyways have to go later for stamping) and wait for H1B approval, then come back with the H1B?

I'm skeptical of extending my stay on Out of Status. Would a 3 week extra stay cause problems while re-rentering US if everything's approved?

Please let me know.
Thanks.

[newacct]

It depends on what you mean by "okay". You are out of status and deportable. But "unlawful presence" doesn't start to accrue until the I-94 expires, so you won't trigger a ban upon leaving the US.

[madhums123]

Can you tell me if your application got approved?

I am also in same boat. can you please update?

Hi,

I was on an L2 EAD and my employer filed H1B Last year so I moved to H1B Change of Status starting Oct 2016 (Havent yet stamped the H1B on passport since I never left US). I-94 expiry in Jan 2018.
I got laid off in July 2017 and July 27th was my last date with the old employer.
I found a new employer at the end of my 60 day grace period (25th Sept 2017) and they will be filing a premium processing H1B petition tomorrow (Oct 4th).
I never applied for change of status to dependent visa since the there were talks going on with the new employer for a hire which unfortunately completed a bit late.

My attorney of new employer has mentioned that it is fine to wait 2 weeks in Out of Status (low risk as per him since I-94 hasn't expired) for the result of H1B petition and then go to India and get the H1B stamped.

My concern is - Is it okay to stay Out of Status in US for another 2 weeks especially when my 60 day grace period ended on Sept 25th 2017 and wait for the H1B petition to be approved?
OR go to India immediately (since I anyways have to go later for stamping) and wait for H1B approval, then come back with the H1B?

I'm skeptical of extending my stay on Out of Status. Would a 3 week extra stay cause problems while re-rentering US if everything's approved?

Please let me know.
Thanks.