Changing Status to H1b from O1

Hi,

I am currently on an O-1 visa expiring in jan 2015. The company recently applied for H-1b, which was approved in the beginning of may.

I am afraid that I will be laid off soon and started looking for a new job.
1) If I am laid off before october, can I still take advantage of the H1B?
2)If I find a new position can I transfer the h-1b before october 1st? ? if yes, in which timeframe (before or after october 1st)?

I might actually be able to have the H1B sticked to my passport in the beginning of July as I will visit my home country and will carry the documentation with me. Does that play a role?

Any general suggestion?

Thank you.

Matt

H1B is for a specific job, it's not a generic thing you can use to find any job. The employer must demonstrate the eligibility that the job qualifies for H1B and only then that you are an eligible candidate for it.

i understand that, thank you.

maybe you could help me with the following questions:

If I found an other job, the new company could transfer (or reapply without cap) the h1b:
a) before i have the visa on the passport (that is more than 90 days before october 1st?)
b) between the time that the visa is on my passport and ovtober 1st?
c) if i get laid off before the visa is physically on my passport, can i still "bypassa" the cap?
d) if i get laid off after the visa is physically on my passport, can i still bypass the cap?

Feel fee to ask for ask me to clarify the questions, otherwise, could would it be possible to answer with a YES or NO?

Thank you.

Once you have been approved, with proper documentation another company can submit a new petition on your behalf at any time. You may enter with a valid stamping and the approval notice for the company where you will report for work. This can be done before Oct 1. A change of status may be possible depending on the circumstances. I suggest that your new employer's attorney advise you of what you must do in the time between your termination and Oct. 1 since there are many variables and timing is everything.