What Can You Do if Your H1B Employer Goes Out of Business

Hello,
I want to ask about immigration H1B visa.
I do have an H1B visa, while i was here in USA on January 2013 i applied for it with employer on April 2013 and received approval on it from USCIS , Then i traveled back to my Country on June 2013 to get the VISA from the consular,however the US embassy in my country for some reason delayed my VISA but in the end they approved it on April 2014 , Then i traveled here to USA on end of MAY 2014, but what happened is,when i arrived here since DAY 1 i noticed some troubles happened to my Employer and i couldn't reach him and i believe the company has been shut off.
So, my Question is right now, i don't know what exactly i can do ? is it legal to work here in the US with my Current visa or not ?, and for how long ? , and can i transfer the H1B Visa to another employer ? (just FYI, i don't have any PAY STAMPS from the employer as i didn't have any chance to practically work with him since i arrived) .
I want to live legally in this country and bring my family here safely , any advice ?
Thank you

You're presently not working, so you are supposed to return home.

If you find another employer both qualified and willing to sponsor you for an H1B visa, you are likely to have serious problems trying to transfer your visa as you won't be able to show that you have been working (e.g., by producing two or more recent paystubs). You're out of status.

Hello Mr.Knowitall,


Thank you for your reply, but how come the embassy gave me the VISA in my country ?,also how come I entered USA normally ?
I also have another question please, If I found employer agreed to transfer me to his company , wouldn't that be ok ?

There is no way ?


Thank you
Ashraf

A visa allows you to enter the nation that issued the visa. It does not define the duration of your lawful presence. You entered on your H1B based upon your representation that you were going to start working for the sponsoring employer. The facts could raise questions on the part of the USCIS as to whether that was a misrepresentation of the facts, with your knowing beforehand that your employer was defunct. As you are not working, you are out of status and are expected to return home within ten days of the end of your employment, an unofficial grace period, after which time you will be treated as unlawfully present in the United States.

As you have already been told, if you find another employer both qualified and willing to sponsor you for an H1B visa, you are likely to have serious problems trying to transfer your visa as you won't be able to show that you have been working (e.g., by producing two or more recent paystubs). If you are intent on ignoring the fact that you're out of status, and of trying to find a way to avoid accruing unlawful presence, I suggest discussing your options and their consequences with an immigration lawyer. Your present choices will affect your future immigration options.