Laid off on H1, New Company file for H1 Consular Processing

I assume that when you said that you were laid off as of 1/10, you meant January 10, 2014, and not January 2010. Assuming that you sent the B-2 change of status application yourself on January 10, 2014, you might be able to obtain a transfer and extension of the H-1B petition here in the U. S. But it appears that your question presupposes that you will return to your home country with the only issue being either a return before having the H-1B transfer/extension approved here in the States, or a return afterwards. I do not see the difference since you would be facing a consular interview under either situation, and a consular refusal would leave you stranded in your home country in either case. So the choice would be basically up to you and whatever travel plans are more convenient to you. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.