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Hi Guys

I recently got made redundant in NYC.
I'm on a H1-B Visa that was registered to that company and i'm told it can be transferred easily but the question is how long do i have ?

I know the company have notified their lawyers and they told be that after that happens, i have 2 weeks to find a new job otherwise i have to leave within 30 days, is this true ?

Anyone who knows anything would be greatly appreciated

Orangepants

Not good news - sorry to hear that. When we faced this situation in Dec 2009, my husband did a change of status to a B1 to allow him time to find another employer. We submitted the application for the B1 about the third week of Jan and it was approved about 4 months later but once submitted he was legally allowed to be in the US. He ended up filing an O1 petition so I dont know about the transfer but I understand the transfer is quite straightforward. Another poster recently went through this.
Those times look about right that the lawyer advised.

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Thanks
Thing is i hava potential employer but hes askign me what he needs to do and how long i have left and i really have no idea

getting hold of anyone regarding my Visa in this country is a total nightmare too.

ian-mstm

Pretty much, yup. Once you no longer work for your H-1B sponsor, your visa becomes immediately invalid and you must leave the US. There is usually a 10-30 day grace period to wrap things up... but then you need to leave. If you can find another H-1B sponsor during that time, you can transfer to them once the application is accepted for processing... no need to wait for approval.

Ian

Orangepants

This thread should help you:

http://britishexpats.com/forum/showt...ansferring+H1b

Noorah101

As for "what he needs to do", he needs to consult with an Immigration Attorney to get the ball rolling on your petition. The sooner the better!

Tell the future employer that you will continue to stay in status in the USA, and for him to proceed with submitting the petition for your transfer ASAP.

In the meantime, put in the request to change your status from H1B to B-1/B-2 so that you won't go out of status.

Rene

scrubbedexpat099

He needs to appoint a Lawyer.

Bob

Not that you asked, but also pointing out that you only get the original length of time of the H1B, not a new length when you transfer it.

So if you've been working a couple of years and you're EB3 category, you might well time out before being able to get a greencard.

Steve_

As soon as you lose the job, you are out-of-status and have to leave immediately. As I recall, it came up as an issue in a deportation hearing many years ago now and "immediately" was basically defined as "within a reasonable amount of time" which USCIS interprets as ten days. (The employer is supposed to notify USCIS of the layoff... doesn't seem to happen that often.)

The new employer has to file I-129, they check the "change of employer" box so there is no quota usage.