Waiting period for a H1

[falstein]

Hello,
I have a L1 that expires on Jun/2012 and an I94 valid until Jun/2014. According previous answered questions, I know that I can legally stay in US until the I94 is valid.
Suppose that I will be laid off by my current company but already have a new job proposal in US with a H1 sponsorship included.
Is it legal to stay in US while I wait for the H1 be issued since it comes before I94 valid date?
Thanks!

[raghvi]

Waiting period for a H1

If you are laid off you cease to be on L1 and every day after that day you are accumulating out of status. Your H1 status, if you have never had an approval notice before, can at best start from 01 - Oct 2012 so eventually you will be Out of status from the day you are laid off till the time you join the H1 sponsorer with the H1 approval notice. If you get laid off, before 01-Oct-2012, you should travel back to your home country, get the h1 stamped and return back on that H1. This is my opinion, do seek expert opinion too .

[kabkaba]

The above is correct.

[falstein]

Waiting period for H1

So, the I94 of a L1 holder became invalid when he is laid off?

[kabkaba]

No. The person does not become illegal until the I-94 expires but out of status. But in this context it does not matter. H1 petition can only be filed when the H1 cap is open. The next cap will open on Oct 1 and petition for Oct 1 start date can be filed on or after Apr 1. You cannot begin working for the H1 employer until their petition gets approved with change of status.

[raghvi]

Waiting period for a H1

To add to what Kabkaba already pointed out, in simple terms, if you are on H1 or L1 and are not getting paid legally and pay stubs are not being generated, you are considered out of status. You can get paid on your new H1 only after 01-Oct-2012, so you will be without pay from the day you get laid off till you get a valid H1 and employer. Accumulation of Out of status can have a negative impact on future visas/extensions/green card etc best if you can avoid it. This is my opinion, please do seek experts opinion too.