SharathLingala Posted August 24, 2019 Report Share Posted August 24, 2019 My H1 got approved this June and after a week I got Laid-off. My employer has withdrawn my petition. I am still in Stem OPT (as my status changes from OPT to H1 on October 1st). Now I have changed my employer as I got new Position/job. - IS there a chance of applying for H1 transfer? IF YES - When do I need to apply before or after Oct 1st? Link to comment
JoeF Posted August 24, 2019 Report Share Posted August 24, 2019 It is not possible to file a transfer since a) you have not started working on the H1 for the original employer and b) the H1 is withdrawn. A new employer can file a new H1 in next year's quota. For how long was your OPT? If it is valid past Oct. 1 you need to talk with your DSO ASAP to make sure it continues past Oct. 1. Link to comment
pontevecchio Posted August 24, 2019 Report Share Posted August 24, 2019 You will need to reapply through the cap next year. You need to positively make sure with your DSO that your OPT continues and is not terminated by mistake due to the circumstances. Link to comment
applicant123456789 Posted August 30, 2019 Report Share Posted August 30, 2019 @SharathLingala I'm in the exact same situation, my H1B was approved and i was laid-off. My employer has sent a letter to USCIS to withdraw my petition(i have the letter with me), but they haven't heard back from USCIS so far. My previous company's attorney informed me that it might take almost 6 months to receive it and sometimes they might not send it at all. Did your attorney or employer receive confirmation that your petition has been withdrawn? If yes, can you please let me know how long it took? Thank You Link to comment
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