I’m on H1 visa and If my company layoff my position then how long can I stay legally in this country once I’m laid off.

I’m on H1 visa and the transfer of my H1 is pending approval with my present employer Let say A. I hold the receipt of employer A for the extension / transfer and awaiting approval. The present project has almost ended and I got another job in a different company Lets say B who says that I need to come on their W2. My concern is how long can I stay legally in this country once I’m laid off by my present employer A. Can company B apply for the transfer of my Visa by taking just the extension/transfer receipt notice. Within how many days can I get my visa transferred to another company B as I got job in that company.

Further can I apply for premium processing if the transfer takes place before April 3rd 2017.

Asked on March 14, 2017 under Immigration Law, New Jersey


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can have company B file a transfer petition on your behalf on the basis of the receipt notice through company A.  As long as you are in valid H-1B status at the time the new employer files on your behalf, you can transfer to the new employer on the basis of the receipt notice.

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