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MplsTechie

Lost job on OPT, H1B approved but not kicking in till Oct 1st 2017

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Hi everyone,
I need your help for this unique situation of mine. I am on OPT (OPT valid till May 2018) and my H1B got picked in the lottery and is set to be effective from Oct 1st 2017.
However just last week my company decided to cut my position. My last working day is Sep 8th. I had a few questions about my situation
1) If I get a new job, can my approved H1B be transferred to the new employer and do I need to wait for my H1B transfer approval before I can start working?
2) Assuming my current company revokes my H1B immediately and if I get a new job after that, can the new company use my approved H1B petition for a H1B transfer or should I go through lottery again next year for a H1B?

Any guidance would be much appreciated.

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The H1 is gone. It can not be transferred.

A new employer can file for an H1 in next year's lottery.

 

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If you don't work on an H-1 status you are not considered cap counted. In this case you will not be able to transfer your petition. Your new employer has to file a fresh cap subject petition next year which will go through the lottery.

 

Unlikely to happen but if you can somehow convince our current employer to let you work for an extra month it will help.

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Hi,

My guess is that you have H1B from a consultant company but not from your OPT employer.  In that case, you have to work for your H1B sponsored employer for at least 1 or 2 months to activate your H1B, and then transfer to a new employer.  Otherwise, just don't work for your H1B employer and continue on OPT until May 2018. and apply for new H1B through lottery next year.

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You don't need to work for 1-2 months to activate your H1B. You need to work for 1 day. You do need 3 paychecks though but last year my friend used his September paychecks and transferred his H1 in mid October.

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I think you can get your H1B "transferred" to a new employer. Do you have the I797 copy - if yes then approach any employer who is ready to file a cap-exempt H1B for you. You can use your petition provided your employer does not revoke it.

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Hi Techie,

can you update with what did you do finally? 

 

Thank you!

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