60 days H1B grace period for a job loss on OPT with approved H1B petition

[reddy_2016]

Hello Admin,

 

My brother was laid off few days back while on OPT. His OPT expires in June 2018 and he has approved H1B petition which comes into effect from Oct 1, 2017. His company has given him the termination date of Aug 31, 2017 and so he will have pay stub for this month too. Could you please answer below questions ?

 

1) Does the 60 days H1B grace period still applicable in this case ? If applicable, does the grace period starts from Oct 1(H1B start date) or from Aug 31(termination date) ?

 

2) What happens if employer revokes the H1B petition before Oct1? 

     a) After Oct 1st, will the change of status still come into effect or will he remain on F1 status ?

     b) Is it possible to transfer H1B petition to another employer before Oct 1?

     c)  Is it possible to transfer H1B petition to another employer after Oct 1?  

     

Please answer my questions. Thank you !

[JoeF]

Is the H1 from the same employer?

If so, then the H1 is gone. The employer BY LAW is required to inform USCIS that the person no longer works there, which will result in H1 revocation.

Since this is before Oct. 1, the person is not considered counted for the quota.