H1B Visa approved while on first OPT and layoff happens.

[fj6832]

Hi,

 

I just completed my masters in May and my OPT started from May 8.

There was a layoff and I lost my job Last week.

My H1B was filed through my staffing agency and I got a message on May 4th from my employer that my H1B was picked up in lottery and they sent the  copy of the Form I-797 USCIS receipt notice.

Now that I do not have the job anymore, will I be able to use the H1B if I join some other employer?

Will my previous employer who filed for my H1B be willing to do an H1B transfer ?

Is there any way I can use this H1B ?

 

Thanks 

 

[rahul412]

Since that job is no longer available this H1 is gone. Find a full time job and file for new H1 next year.

[jairichi]

As long as employer does not withdraw H1B petition before Oct 1st a new employer can file a cap exempt H1B petition after Oct 1st. If the job is no more available employer has to withdraw that H1B petition.

[JoeF]

First off, your employer can't be a "staffing agency". That's not allowed for an H1.

Second, that H1 is gone. A transfer to another employer is not possible before Oct. 1, and you would have to start working for the original employer. If that's not possible, the H1 gets revoked and put back into the pool, so that somebody else can get an H1.

[ashwin510]

you will be under F1 status until October   so in the mean time try to find a job thru your employer or with a different employer and if you get it then file for an amendment after oct ,

[h1bstamping2015]

Hi,

 

I just completed my masters in May and my OPT started from May 8.

There was a layoff and I lost my job Last week.

My H1B was filed through my staffing agency and I got a message on May 4th from my employer that my H1B was picked up in lottery and they sent the  copy of the Form I-797 USCIS receipt notice.

Now that I do not have the job anymore, will I be able to use the H1B if I join some other employer?

Will my previous employer who filed for my H1B be willing to do an H1B transfer ?

Is there any way I can use this H1B ?

 

Thanks 

 

Your present employer can withdraw H1B application even before application is approved. If the application is withdrawn you have to file again next year.

 

As you mentioned your OPT just started, you can file H1B next year as well. You did not mention your field (29 months OPT?).

[JoeF]

As long as employer does not withdraw H1B petition before Oct 1st a new employer can file a cap exempt H1B petition after Oct 1st. If the job is no more available employer has to withdraw that H1B petition.

 

The employer is required by law to inform DOL and USCIS if the job is no longer available.

[JoeF]

you will be under F1 status until October   so in the mean time try to find a job thru your employer or with a different employer and if you get it then file for an amendment after oct ,

 

That won't work, since the OP would have to start working for the original employer on Oct. 1. Rather impossible if the person got laid off...

[np1234]

Apart of Ashwin's Statement is true.

 

If you are with the same employer and still under OPT status, find a new job and after Oct 1st file an amendment, you wont see any issues. I have seen more than 10 cases around me happening like this.

 

I am not what's gonna happen if you change your employer.

 

As of now, you are safe if you stick with your employer find a job and file for an Amendment after Oct 1st.

[JoeF]

Apart of Ashwin's Statement is true.

 

If you are with the same employer and still under OPT status, find a new job and after Oct 1st file an amendment, you wont see any issues. I have seen more than 10 cases around me happening like this.

 

I am not what's gonna happen if you change your employer.

 

As of now, you are safe if you stick with your employer find a job and file for an Amendment after Oct 1st.

 

Except that since 2014, this is not possible anymore. That has been discussed here quite a bit.