What to do if I am on OPT cap-gap extensions and was laid off?

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What to do if I am on OPT cap-gap extensions and was laid off?

My initial OPT expried on May 31st. H1-B (received approval notice in April) supposed to start on October 1st. Though June, 11th I got laid-off by my current employer. I was in impression that I have 90 days to find a job.Would you please let me know how much time I have to find another employer? And how to get H1-B transferred to new employer? What happens after withdrawal of H1-B by employer A? Can I find company B who can file H1-B petition for me? Do I have a deadline to find a new job/employer?

Asked on July 7, 2013 under Immigration Law, Washington

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no grace period.  Once you are terminate, legally, your status terminates immediately.  However, practically speaking, you may have some time before it is "caught" by USCIS.  For instance, if you find a new employer quickly and start working with authorization for the new employer.  As for the H-1B transfer, since you are not yet in H-1B status anyway and that can only become valid on October 1, 2013, any other employer can now file a new visa petition on your behalf, that would not be subject to the cap.  If and when that petition is approved and if you are in the US in lawful status, your status will automatically change to H-1B upon the approval of the H-1B visa petition as long as it is after October 1, 2013.


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