jadon Posted May 23, 2019 Report Share Posted May 23, 2019 Hello, I am on STEM OPT which ends in May 2020. My current employer filed H1B application via Premium Processing which got picked in lottery and then later got approved on 22 May 2019. But I was laid off and my last working day with my current employer is 29 June 2019. Please let me know if I can still transfer this H1B application to a new employer on 1 Oct 2019. I am told by the Law Firm of my current employer that my H1B petition will not be revoked. Thanks! Quote Link to comment
JoeF Posted May 23, 2019 Report Share Posted May 23, 2019 The H1 is gone. The employer by law has to inform USCIS. This is mandatory. The law firm knows that. A transfer would only be possible if you start working for the original employer again from Oct. 1 on. Quote Link to comment
jadon Posted May 23, 2019 Author Report Share Posted May 23, 2019 But I have heard from one of the immigration lawyers that H1 transfer can still be done successfully on Oct 1, 2019. Quote Link to comment
gopalakrishnach Posted May 23, 2019 Report Share Posted May 23, 2019 But I was laid off and my last working day with my current employer is 29 June 2019 ... if you stop working for an employer who petitioned H1B and got it approved, by law the employer must inform USCIS that the employee is not longer working with them and get approved H1B revoked. Its law and I cannot understand how your employer can say H1B will not be revoked. So does this mean they will pay or what? As per my understanding your H1B is gone or will be gone as per mandatory law. Quote Link to comment
JoeF Posted May 24, 2019 Report Share Posted May 24, 2019 (edited) 4 hours ago, jadon said: But I have heard from one of the immigration lawyers that H1 transfer can still be done successfully on Oct 1, 2019. That is not true. You have to start working for the original H1 employer. This was outlined several years ago in a USCIS memo. If the lawyer is any good he or she should know that. Edited May 24, 2019 by JoeF Quote Link to comment
jadon Posted May 24, 2019 Author Report Share Posted May 24, 2019 So if my H1B cannot be transferred, what are my options? Can I still continue on my OPT till May 2020? However, now that my H-1B visa petition has been approved, my intent to remain in the United States and to work for my current employer is clearly on record. Therefore, the consular officer may conclude that you no longer meet the criteria for an F-1 visa and deny your application. If you attempt to make the application and it is denied, you will not be able to return to the United States until you are able to enter pursuant to an H-1B visa on or after 10/01/2019. Quote Link to comment
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