안녕하세요. 요새 H1B들 레이오프 많이 당하는 시기이죠. 저도 10월21일에 해고 됬구요. 현재 3주가 좀 넘게 남아서 잡써칭하던중 대기업IT컨설팅 업체로부터 verbal로 오퍼를 주겠다는 전화를 받았습니다.

아직 최종협상은 안해서 제가 레이오프된 사실은 말안하고 있어서 트랜스퍼가 안될까봐 걱정끝에 인터넷을 검색한 결과 다음 글을 발견했네요. 다행히 심각한 경기문제 때문인지 이민국에서 레이오프된 H1B holder대해 배려를 해주는 것 같습니다.
같은 상황에 있는 분들께 도움이 되었으면 하겠네요.

여기에 링크가 있구요.

http://www.cilawgroup.com/news/2009/02/24/clarification-on-h-1b-transfer-after-layoff/

전문 내용입니다.

Work Allowed While H-1B Transfer Pending Even if There is a Gap in Employment

Just this week, VSC’s AILA Liaison provides some clarifications which, in these difficult economic times, provide a fair amount of relief to terminated H-1B workers. Our article, and the previous guidance from VSC, indicated that in order to be eligible to “port” to a new H-1B employer, the new H-1B petition must be filed before termination or before the old petition is revoked or withdrawn by the old employer.

However, if the H-1B portability criteria are met, then the foreign national would be eligible to work pursuant to H-1B portability upon filing the H-1B transfer application even if s/he was not eligible for an extension or change of status. The H-1B portability criteria are: (1) the foreign national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous;” (3) the new H-1B petition was filed before the date of expiration of period of authorized stay (as described on the I-94 card); and (4) subsequent to lawful admission, the foreign national has not been employed without authorization. (INA § 214(n))

For example, if an H-1B employee is terminated on February 1, and her employer requests revocation of her H-1B on February 1, then the H-1B status is automatically revoked pursuant to 8 C.F.R. § 214.2(h)(11)(ii). However, the foreign national remains in the U.S. and finds a job on March 1 and the new employer files a new, non-frivolous H-1B petition on her behalf. Since the foreign national was lawfully admitted, the petition is non-frivolous, the I-94 was not expired, and she has not worked without authorization between February 1 and March 1, then the foreign national is eligible to start work under INA § 214(n).