query on lay-off in H1B

[lopabeh]

Hi experts,
pls let me know what are the options if laid-off on H1B without any notice.i.e it happens on one day.

can i transfer the H1B to a different company which takes some time for the new company to file? will the h1b valid for transferring to a new company ?

can I stay in USA for sometime to search for new job?

Pls advse....

Thank you.

[kabkaba]

Unfortunately there are few options.
The company is required to pay airfare for the employee's return to home country if job is terminated before petition end date.

The employee can find a new job and the new employer can file a petition, but whether the petition will be approved with extension of status or without depends on the gap between old job end date and new petition filing date. There will be at least 7 days gap because of the time it takes to get approved LCA. Employee can prove continued employment by showing last payslips and request the old employer to postpone the layoff process by a few weeks.