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jadon

H1B Approved, Laid Off on OPT

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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!

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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.

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But I have heard from one of the immigration lawyers that H1 transfer can still be done successfully on Oct 1, 2019.

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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.

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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 by JoeF

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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.

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