Massachusetts  |  Immigration Law

Legal Question

Asked on: 7/07/13, 2:05 pm

Hi,

I am on OPT Cap-Gap Extensions, initial OPT expried on May 31st '13. H1-B (received approval notice in April) supposed to start on October 1st '13. Though June, 11th I got laid-off by my current employer. I was in impression that I have 90 days to find a job.

Would you please let me know how much time I have to find another employer? And how to get H1-B transferred to new employer?

1. What happens after withdrawal of H1-B by employer A?

2. Can I find company B who can file H1-B petition for me?

3. Do I have a deadline to find a new job/employer?

I have done some research -->

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

http://www.murthy.com/2013/03/29/uscis-updates-qa-on-cap-gap-extensions-2/

(Eligibility Under Cap-Gap Rule)

Sorry for bothering you during 4th weekend.

Thanks,

1 Answer


Answered on: 7/07/13, 5:23 pm by Marlene Hemmings

You should have been advised by the H-1B employer's attorney of the effects of your lay off on your legal status in the United States.

That being said, you are not in H-1B status currently, so you cannot "transfer" to another H-1B employer at this time.

Once the F-1 status terminates, you have a 60 days grace period to change status or leave the country.

If you have a STEM qualifying degree, you can extend your OPT, as long as you can find another employer before the grace period expires.


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Marlene Hemmings, Attorney at Law 23371 Mulholland Drive, Suite 294 Woodland Hills, 91364

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