H1B - layoff, status, transfer to L2

[raiden]

I was laid off from my company on Dec 11 2008. I am currently on H1 visa. My company did not inform USCIS until after Dec 15 2008 (though I am not completely aware of the exact date). How much time do I have before another company can file for my H1B transfer?

-Also my wife got her L1 visa and will be coming here this weekend. Can I transfer over to an L2 visa?
-Do I need to leave the country or can I apply for the visa staying in the US itself?
-Does my wife's company have to sponsor my L2, or can I apply individually?
-Also can I apply for EAD along with the L2 visa application or do I have to wait until I get approval?

[txh1b]

1. You are out of status the day you get laid off. If you are getting severance pay, it is possible that COS to L2 can go through. You have no grace period to transfer the H1b. As long as you have paystubs to prove your status, a COS may be possible.
2. As you are already out of status, to avoid the risk of any illegal stay or accumulated unauthorized/illegal stay past your H1b termination, travel out (Company has to pay your return ticket as per the law), get a L2 visa stamp and return on L2.
3. No sponsor needed as long as wife is legally in US on L1. You should not have violated your current status in US. The sooner you leave, the better chances of getting the L2 approved as VO may ask your status proof (paystubs) on H1b.
4. Return on L2, apply for EAD. If COS, you have to wait for 2-6 months for COS to be approved and then apply for EAD.