H1b approval in progress, got laid off


Moe2019

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Hi,
I finished my masters in 2021 May. Since then I’m working for an employer who applied for my h1b, it got picked and now it’s pending approval. However, my employer told me I was unfortunately laid off and my last date is September 28th. Knowing that if h1b is approved, October 1st would be my first date on h1b. What happens between September 28th to 30th? Am I out of status? I’m trying hard to convince my employer to keep me in the role till October 1st but so far no luck.

 

I had an approved STEM OPT. 

 

Thank you! 

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You have an approved STEM OPT so you are not out of status between September 28 to September 30.  However request your employer not to withdraw your H1b petition which is pending approval UNTIL it is approved.  

Start looking for a new employer immediately.  Show them the receipt notice of the pending H1b awaiting approval so you can get another job.  Good Luck.

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