H1-B and 17 months OPT both are in process and about to Lay off

[pankajshinde]

Working with client ABC through company XYZ.

XYZ filed my H1-B in MAY, got RFE in 1st week Sept, Comapny replied to RFE in last week Sept.

I am in CAP GAP till 30th Sept 2012. To be able to work after 30th Sept 2012 (while H1-B in process) company XYZ told me to file 17 months OPT extension.

USCIS recievd my OPT documents on 24th Sept.

And they also recieved Reply to RFE on 26th Sept (But different Location).

Now ABC terminated the contract. from 1st Oct 2012.

Company XYZ told that they also might lay me off (1-3 weeks)

So my questions are :

1) I have my OPT case number, Can I work with new employer w/o actual OPT card but w/ this reciept number ?

2) What are the chances of my OPT extensions aprroval as I applied for OPT in CAP GAP ? Also what are the chances of H1-B approval and what will be the effective date for it (at time of application in May it was 1st Oct 2012)?

3) Should I cancel my H1-B or not ? If canceled what are the chances of getting New H1-B approved next year ?

4) What are my Other options to stay in US and work ?

Please Help !

[kiran234]

1) I have my OPT case number, Can I work with new employer w/o actual OPT card but w/ this reciept number ?

If you filed for OPT extension before your 12 month OPT expires, you can continue working on OPT. But looks like you applied it in CAP GAP, so you are not eligible for 17 month OPT extension.

2) What are the chances of my OPT extensions aprroval as I applied for OPT in CAP GAP ? Also what are the chances of H1-B approval and what will be the effective date for it (at time of application in May it was 1st Oct 2012)?

You applied after 12 month OPT expires, so you are not eligible for 17 month OPT extension.

3) Should I cancel my H1-B or not ? If canceled what are the chances of getting New H1-B approved next year ?

4) What are my Other options to stay in US and work ?

Please hope and wait for H1B approval. Once H1B is approved you can continue working for XYZ or change to a new employer.

From OCt 1st your 60 day F1 Grace period started. so if you think that chances of getting your H1b approval are low, and intrested in continuing your studies, Please apply and get admission in your choice of university with in the 60 day Grace period.

ALways please discuss with a qualified immigration attorney about your case specifics.

[kiran234]

What are the eligibility requirements for the 17-month extension of post-completion OPT?

• The student must have a bachelor’s, master’s, or doctorate degree included in the STEM Designated Degree Program List.
  
• The student must currently be in an approved post-completion OPT period based on a designated STEM degree.
  
• The student’s employer must be enrolled in E-Verify.
  
• The student must apply on time (i.e., before the current post-completion OPT expires).
  

If you timely file a non-frivolous application for the 17-month OPT extension, you will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.

[kiran234]

Correction to my previous response, Sorry for any confusion..

1) I have my OPT case number, Can I work with new employer w/o actual OPT card but w/ this reciept number ?

You can continue working on OPT for any everifiy employer in a job realted to your field of study

If you timely file a non-frivolous application for the 17-month OPT extension, you will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.

2) What are the chances of my OPT extensions aprroval as I applied for OPT in CAP GAP ? Also what are the chances of H1-B approval and what will be the effective date for it (at time of application in May it was 1st Oct 2012)?

You can apply for OPT extension during CAP GAP also. Approval should not be an issue, unless you violated any laws during your F1 period

May a student eligible for a cap-gap extension of post-completion OPT employment authorization and F-1 status apply for a STEM OPT extension while he or she is in the cap-gap extension period?

A Yes. However, such application may not be made once the cap-gap extension period is terminated (e.g., if the H-1B petition is rejected, denied, or revoked), and the student has entered the 60-day departure preparation period.

3) Should I cancel my H1-B or not ? If canceled what are the chances of getting New H1-B approved next year ?

4) What are my Other options to stay in US and work ?

Working on STEM OPT extension:

If you timely file a non-frivolous application for the 17-month OPT extension, you will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.

H1B Approval:

Please hope and wait for H1B approval. Once H1B is approved with COS you can continue working for XYZ or change to a new employer.

ALways please discuss with a qualified immigration attorney about your case specifics.