H1B with American Company for 2.5 yrs and now laid off!

[shriyakish]

Hello,

An american reputed company sponsored my h 3 yrs back and I have been working with them ever since.

However, now the company is in finantial difficulties and hence laying off.
I have been laid off and my last day is this week.

If I am laid off, will I have some time after layoff to transfer my visa ? The company is paying me a severance which will come at the dec 31 pay check. So do I have time till the end of the month to transfer visa to another firm?

Please help. Urgent!

Thanks in advance.

[shervin143]

You have to transfer your H1B before the last pay date. After that you will be considered as out of status on H1B and it can cause issues with your H1B transfer.

[shriyakish]

My severance is coming in this month end paycheck. so will that be counted as a paycheck?

I am getting a termination agreement dated the last day.

So do I have time till the month end?

[kabkaba]

Discuss with HR if they can make the official last date as Dec 31 (or some more time).
In case of transfers or change of status USCIS may go by the last day paystub or they may specifically ask for last day of work. Technically you go out of status after the last day of work. The company is also required to pay for your airfare to home country.