View Full Version : Urgent: OPT to H1B Transition, Laid Off

12-26-2011, 03:01 PM

My H1B was filed (normal processing) on October 3rd and is still under "Initial Review". My F1-OPT expired on December 15, 2011. I got laid off yesterday, 12/20.
My ex-company is also working on withdrawing my H1-B petition.

After speaking to multiple attorneys I understand that my options, as it stands now, are:
1. Switch to F1
2. Switch to visitor visa, find a job and reapply for next year's quota
3. Request my ex-company to not withdraw and use the time to find another employer to transfer my H1B. (I'm working on convincing my company to NOT withdraw)

My question is regarding #3 - If my company decides to NOT withdraw, do I still need to be on payroll while my H1-B is being processed? Will there be any future issues during visa transfer and stamping if I'm not in my ex-company's payroll?

Thanks for your help!