H1 Transfer during F1 Cap gap

[Ramselvam]

Hi,

I am on initial OPT, my employer applied for H1b and it got approved. I am on F1 cap-gap until Sept 30. My current contract period ends on Aug 15, 2019.

1. If I am laid off can I transfer my H1b to a new employer before Sept 30?
2. If I am not getting a new job do I need to leave the country after Sept 30?
3. I have my Stem OPT approved until 2021, will that be any useful?

 

[JoeF]

You have to start working on the H1 for the original employer before a transfer is possible.

 

[xTDx]

On 7/30/2019 at 12:08 PM, Ramselvam said:

Hi,

I am on initial OPT, my employer applied for H1b and it got approved. I am on F1 cap-gap until Sept 30. My current contract period ends on Aug 15, 2019.

1. If I am laid off can I transfer my H1b to a new employer before Sept 30?
2. If I am not getting a new job do I need to leave the country after Sept 30?
3. I have my Stem OPT approved until 2021, will that be any useful?

 

As said before, you can't get H1b transferred to a new employer in this case. You should consult expert immigration attorneys to get your case reviewed in depth for best strategies available to you at this time. There may(Huge maybe) be a chance to revert back to F1/OPT.