H1B Under Process - Termination of Employment

[reddy2019]

Hi All,

Here's a weird situation. My Employer Filed an H1b in April 2019 and it was in the Random selection and received an RFE. Recently we have documents for RFE are being sent to USCIS. While the H1B is still under process my employer has decided to Terminate me from the services.

My Question is:

Q) If my H1b is Approved, Since i lost employment irrespective of if employer requests USCIS for withdrawal i will have 60 days grace period to transfer my H1b. I have to wait till Oct 1st, 2019 to file a H1B Transfer so i can be on OPT till Sep 30th, 2019. Once i file H1b Transfer with other employer and get a receipt and later if the H1B transfer is denied what will be my situation at that time? i am currently on Stem OPT and its still valid til JAN 2021.

I am Blocked in the current situation and i am worried about my OPT Status if H1b is approved and later if H1b transfer is denied.

Thanks.

[shekar11#]

On 8/30/2019 at 12:56 PM, reddy2019 said:

Hi All,

Here's a weird situation. My Employer Filed an H1b in April 2019 and it was in the Random selection and received an RFE. Recently we have documents for RFE are being sent to USCIS. While the H1B is still under process my employer has decided to Terminate me from the services.

My Question is:

Q) If my H1b is Approved, Since i lost employment irrespective of if employer requests USCIS for withdrawal i will have 60 days grace period to transfer my H1b. I have to wait till Oct 1st, 2019 to file a H1B Transfer so i can be on OPT till Sep 30th, 2019. Once i file H1b Transfer with other employer and get a receipt and later if the H1B transfer is denied what will be my situation at that time? i am currently on Stem OPT and its still valid til JAN 2021.

I am Blocked in the current situation and i am worried about my OPT Status if H1b is approved and later if H1b transfer is denied.

Thanks.

Once your H-1 B is approved your OPT will be gone.