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Laid Off- Save my New H1B?

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  • Laid Off- Save my New H1B?

    Laid Off- How to save my New H1B?


    Hi,I needed help with following situation:


    My H1B is picked and approved from premium processing done by my company. I am expecting hardcopy of H1B within 2 weeks. However there is 50% chance I can get laid off in next 1-2 weeks.


    1. Do advise how I can save H1B. Also can this H1B receipt be re-routed to staffing company.
    2. My OPT expires on Sep 30 2014.


    Look forward to your help and sound advice.

  • #2
    1 you can re use cap ( ie u can transfer h1 to new company )

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    • #3
      You can transfer your H1 B to whichever other company. And it is your right to have an approved petition, so the company has to provide you the approved petition.

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      • #4
        Are you a full time employee?? if so ...since your H1B is approved you can make an H1B transfer to another company.....or if you are a contractor then you wont be having any issues. all u need to do is find job with another client and file an amendment

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        • #5
          [COLOR=#252525][FONT=arial][B]Changes in Employment[/B][/FONT][/COLOR]
          [COLOR=#252525][FONT=arial][B]Laid Off/Termination from H-1B employer[/B]: If the student has an approved H-1B petition and change of status, but is laid off/terminated by the H-1B employer before the effective date, and the student has an unexpired EAD issued for post-completion OPT, the student can retrieve any unused OPT. The student will remain in student status and can continue working OPT using the unexpired EAD until the H-1B change of status goes into effect. The student also needs to make sure that USCIS receives a withdrawal request from the petitioner before the H-1B change of status effective date. This will prevent the student from changing to H-1B status. Once the petition has been revoked, the student must provide their DSO with a copy of the USCIS acknowledgement of withdrawal (i.e., the notice of revocation). The DSO may then request a data fix in SEVIS, to prevent the student from being terminated in SEVIS on the H-1B effective date, by contacting the SEVIS helpdesk.[/FONT][/COLOR]
          [COLOR=#252525][FONT=arial]If USCIS does not receive the withdrawal request prior to the H-1B petition change of status effective date, then the student will need to stop working, file a Form I-539 to request reinstatement, and wait until the reinstatement request is approved, before resuming employment. More: http://1.usa.gov/1alCSCb[/FONT][/COLOR]

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