You are considered “out of status” the moment that you no longer have employment. It is in your best interest to find a new employer that is willing to file a new H1-B visa on your behalf. It has been reported (although not verified) that USCIS will overlook small gaps in employment, but this is not something you should rely on. Instead, you should work quickly to find new employment. If you are unable to do so, your previous employer is required to pay for your return flight home to ensure that you are not stranded in the US.
If you would like assistance with this process, you should consult an immigration attorney.is happy to connect you with a seasoned immigration attorney that can help you identify the best solution for your situation. We offer affordable rates and flexible scheduling to better suit your needs. Check out our website to learn more.