H1b Layoff - Cap Exempt -URGENT - Need Help!


DeepikaSureshKumar

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Hi All,

 

I want to briefly explain about my situation and need your suggestion on how to proceed with my case. 

 

I came to USA on H4 visa through my husband's employer and last year i got an offer from an university to work as FTE on H1B Cap Exempt Visa.

 

Yesterday, my employer(university) has given me 30 days notice to find another job as they dont have enough funds to keep me employed.  

 

Here are some of the clarifications that i need

 

1) Can i transfer my visa to H1b cap subject employer(Regular Quota) and start working with new employer immediately?

 

2) Since the H1b quota for current fiscal year is not available, if i file for H1b through an employer coming April, can i continue working till i get approval?

 

3) What happens if i dont find any job within 30 days? Should i ask my husband's employer to file COS from H1b to h4 immediately?

 

4) If i file for COS to H4, can i also apply for h1b parallely? Will it have any impact with H1b processing?

 

It would be of great help if anyone can respond to this query soon.

 

Thanks in advance.

 

--Dee

 

 

 

 

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Hi All,
 
I want to briefly explain about my situation and need your suggestion on how to proceed with my case. 
 
I came to USA on H4 visa through my husband's employer and last year i got an offer from an university to work as FTE on H1B Cap Exempt Visa.
 
Yesterday, my employer(university) has given me 30 days notice to find another job as they dont have enough funds to keep me employed.  
 
Here are some of the clarifications that i need
 
1) Can i transfer my visa to H1b cap subject employer(Regular Quota) and start working with new employer immediately?
 
2) Since the H1b quota for current fiscal year is not available, if i file for H1b through an employer coming April, can i continue working till i get approval?
 
3) What happens if i dont find any job within 30 days? Should i ask my husband's employer to file COS from H1b to h4 immediately?
 
4) If i file for COS to H4, can i also apply for h1b parallely? Will it have any impact with H1b processing?
 
It would be of great help if anyone can respond to this query soon.
 
Thanks in advance.
 
--Dee

 

1. No, as the quota for cap subject H1B petition should be available to do that.

2. Yes. Only if your cap exempt H1B petition is valid at the time when a cap subject H1B petition is picked in lottery.

3. Yes, file for a COS to H4.

4. Your employer can file H1B when your COS is pending. But, on approval of your cap subject H1B petition you can start working only from 1st Oct.

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