H1B got picked up but got laid off by the current employer

[sfsugrad2018]

 

Hello,

I am on F1-OPT currently , with my OPT being issued in March 2018.

My employer filed my H1B petition in April 2018 and I got picked up for it.

But in May 2018 , I got laid off .

My employer decided to not to withdraw my application till 1st Oct and it is currently in process with USCIS.

So , can you please let me know :

1. Is there any way that I can save my current H1B?

2. In the current scenario, my old employer is not going to take any action , so am I eligible for "H1B Transfer" with new employer?

 

Thank you!

[JoeF]

First off, the employer is required by law to inform USCIS.

Second, unless you start working for the employer, the H1 is not considered counted in the quota, so a transfer would not be possible. If the employer wants to help you, they would ha e to hire you back on Oct. 1. Without that, the H1 is lost.

 

[Nani_H1b]

9 hours ago, sfsugrad2018 said:

 

Hello,

I am on F1-OPT currently , with my OPT being issued in March 2018.

My employer filed my H1B petition in April 2018 and I got picked up for it.

But in May 2018 , I got laid off .

My employer decided to not to withdraw my application till 1st Oct and it is currently in process with USCIS.

So , can you please let me know :

1. Is there any way that I can save my current H1B?

2. In the current scenario, my old employer is not going to take any action , so am I eligible for "H1B Transfer" with new employer?

 

Thank you!

It depends on what locations you have in LCA. Check with your attorney if you can update LCA. If there is no way to update and  H1b is approved by luck then you have to file amendment immediately since you are not working in that location any more. 

Since you don't have approved H1b yet your are not eligible for transfer.

[sfsugrad2018]

Hello All,

Thank you so much for your prompt replies.

I have an update for you , can you please help me with this ?

I have found a new job in which, the staffing agency is currently wanting me to join on my current OPT.

Once my H1B approved , Come 1st October , they want me to take a leave for a couple of days and in the mean time they say , that they will transfer the H1B. And later I can join again once I get the receipt. 

My concern now is , is this option practical , executable or logical?

It would be great if you could throw some light on this.

Waiting eagerly for your thoughts and replies.

Thank you so much for your time and opinions.

Regards.

[JoeF]

Won't work.

First off, a staffing agency can not file an H1. A consulting company can, but there would have to be a proper employer-employee relationship.

Second, unless you have worked for the original employer on the H1, it is not possible to transfer the H1.

That company is obviously shady.