H1B filed, but I might lose the job. I have STEM extension, how to approach forward?

[nehulshah]

Hello,

My H1B has been filed. USICS got the documents on April 9. But, there have been some issues with the current employer as a result of which I have to leave this company in 2 weeks or so. I am expecting the H1B to be approved by then. I also have STEM extension applied for (till September 2013). Situation becomes tricky here.

1) What if H1B is approved? Does it terminate my STEM extension?

2) As far as I know, there is no grace period if H1B is approved, but technically speaking, H1B starts on October 1, does it mean that I am still on OPT till October and I get the remaining out of 120 days to search for another job?

3) Can H1B transfer take place before October 1, 2012? I am asking this because technically speaking - H1B does not come into existence before October 1.

Quick replies will be appreciated because I do not have much time on my hands.

Thanks in advance.....

[wiweq]

1) What if H1B is approved? Does it terminate my STEM extension?

=> Your H1b will kick from Oct 1st, till that time you have to maintain F1 status by taking course load or OPT. If h1b approves your F1, and related privileges like OPT, CPT, on campus work etc. will ge gone.

2) As far as I know, there is no grace period if H1B is approved, but technically speaking, H1B starts on October 1, does it mean that I am still on OPT till October and I get the remaining out of 120 days to search for another job?

=> True, you have time till Oct 1st to find an H1b employer and file cap exempted H1b. But remember, you can't stay unemployed for more than 90 days (or similar) in OPT. The trick is that you can work voluntarily to maintain your OPT status.

3) Can H1B transfer take place before October 1, 2012? I am asking this because technically speaking - H1B does not come into existence before October 1.

=> No, the H1b starts from Oct 1^st only for a given FY.

[chtummala]

you can cancel your h1b .. stay back on opt ..

one my friend did it .. he was also in same situation ..

i can get some more details how it works ..