View Full Version : Laid off between OPT to H1b transfer

09-28-2015, 12:19 AM
Friends, I get recently laid of from my company. Need urgent advice.
My Case
Jan-20-2015 OPT Start Date
April-01-2015 H1b Filed
Aug-10-2015 H1b Approved; On August 10, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker.
Sept-24-2015 Termination of Active Employment/Last day work,Pay and benefits Continuation for 10 weeks
Oct-01-2015 H1B Start Date
Dec-03-2015 Termination Date of Pay Continuation; Employer will file H1b Revoke Application
Jan-19-2016 OPT End date
Will I get the H1b status? If I gets H1B status, how much time it will be valid? Will I be out of status because of termination? Is there any possible solution to save the H1b status?
(I do not know if the pay stubs will have SSN fee and Medicare or that exactly will be mentioned there)

Q2 I have a new employer (a consultancy) who is willing to help me. They can file a LCA tomorrow (27, Sept) and PREMIUM H1b transfer application within as soon LCA is approved.
Will this can save me from getting out of status? Will I be able to maintain the H1b status?

Termination Letter
"We regret to inform you that your active employment with EMC will terminate today" (Sept-24-2015)
"If you accept the pay and beenfits under pay the ISP, Pay Continuatuon will end on your "Termination date" which will be the earliest to occur of (a) The Pay continuation end date (after 10 weeks) (b) your obtaining new Employment as defined in Agreement"
"If you choose not to accept the pay and benefits under the ISP, you need not to take any action. In such case, your effective termination date will be of two weeks from your last day worked."

Q3 Which is a better option? Will it help if
a) Old employer agrees to adjust termination date by 1 week.
b) Will paying ISP as paychecks and NOT revoking my H1b application for next 10 weeks, makes my visa transferable or saves me from getting out of status?
c) If some other team of old employer hires me, will I be saved?

01-10-2016, 11:42 AM
You don't have H1B status... You are required to work on H1B for you to be considered as an H1B worker.. Looks like in your case you were never on H1B to begin with . You need to file a new H1B petition this year in April and it won't be cap exempt.