Had H1B, was laid off, missed visa 'transfer' window

[bryanmayes08 1]

Hello I was made redundant in December 2013 from a job I had with an H1B visa. My last day was Dec 10th and my last pay day was Jan 13th so I was told I had 30 days until after Jan 13th to find another job to transfer my visa to. I found a job but they were too slow in processing the paperwork and now the 30 days is up and they say they have to apply for a whole new visa.

My question would be, am I now in the same boat as all the people that are applying for new visas who have never had one before? If the annual quota is already filled will I have to wait til the new batch are released? Also how long will I have to leave the country for to have the new visa processed?

Also, out of interest, if they had been more urgent and processed the paper work for the visa transfer process within the time limit, how much quicker would it have been than now having to apply for a new one?

[jan22 2,918]

Hello I was made redundant in December 2013 from a job I had with an H1B visa. My last day was Dec 10th and my last pay day was Jan 13th so I was told I had 30 days until after Jan 13th to find another job to transfer my visa to. I found a job but they were too slow in processing the paperwork and now the 30 days is up and they say they have to apply for a whole new visa.

My question would be, am I now in the same boat as all the people that are applying for new visas who have never had one before? If the annual quota is already filled will I have to wait til the new batch are released? Also how long will I have to leave the country for to have the new visa processed?

Also, out of interest, if they had been more urgent and processed the paper work for the visa transfer process within the time limit, how much quicker would it have been than now having to apply for a new one?

There actually is, in fact, no grace period in which you can look for another job, although if it is a relatively short time period, it might be overlooked. You have no extra time to leave the US -- you already have been out of status since your were made redundant in December 2013 (the date of your last paycheck is irrelevant -- it's your last workday). You cannot get a new visa until the petition is approved -- no way to know when that will be. Best thing you can do is leave the US now and avoid a 3 year ban by being out of status for 180 days if there are more delays.

[kzielu 1,147]

In fact he cannot get a new visa being out of status either, can he ?

[Boiler 43,759]

He may have changed status, unclear.