H1B layoff while awaiting visa

[vanilliho 0]

My status changed from F1 to H1B in October of last year in the United States. I exited the U.S. a few months ago without a valid visa. So, I applied for my H1B visa stamp at a US embassy and got put under Administrative Processing. Unfortunately, after two months of waiting, my employer terminated me while I was still awaiting my visa. 

 

If I find another employer in the US while being abroad, can they file for an H1B visa transfer? When I get my H1B visa, would my ability to return to the US get jeopardized? 

[Sinead91 249]

If you find a new employer they would need to file a new H1B for you. You can only change employer / extend an H1B when you are in H1B status, which you are not currently.

[vanilliho 0]

So, does a new employer need to file for a new H1B and enroll in the H1B lottery again?

[OldUser 7,009]

1 hour ago, vanilliho said:

So, does a new employer need to file for a new H1B and enroll in the H1B lottery again?

You were laid off which means you no longer have H1B status. There's a 60 day grace period while you are in the US after being laid off, but I don't think it applied to you, and even if it did you're past due.

 

So yes, new lottery entry is the answer.

[Boiler 45,761]

The way I read it is that the OP changed status successfully having won the lottery last year.

 

Then left, not sure many people would advise to do that, 

 

During the process of getting a visa to come back he was laid off, the tricky bit will be finding a new employer. These cases tend to be India and IT.