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Laid Off by Prospective H1B Employer During OPT Cap Gap

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  • 08-20-2013, 02:44 AM
    neokronic
    Laid Off by Prospective H1B Employer During OPT Cap Gap
    Hello - I think I am in a very complex situation and need help in maintaining status. I've an H1B visa approved for the FY2014 and it was supposed to become effective from Oct 1 2013. I am currently on CAP GAP as my OPT EAD expired on June 10 2013. Unfortunately, my company was downsizing and I was laid-off. My last working day was Aug 2 2013 but my pay roll will be running through Sep 27 2013. I am not sure if my employer has already revoked my H1B petition but I am sure that will happen only after Sep 27.

    1) what is my current status ? should i consider sep 27 or Aug 2 the date when I go out of status ?
    2) What happens to my H1B cap exempt ? Since my h1B petition is approved, can my future employer transfer my existing H1B petition ?
    3) How much time do I have before I go out of status ?
    4) what are my options to maintain my status ? will I get the standard 60 day grace period after the OPT ?
    5) can I apply for a b2 visa to maintain status ?

    Really appreciate any help here !!
  • 08-20-2013, 11:16 AM
    Disagreeable
    Re: Laid Off by Prospective H1B Employer During OPT Cap Gap
    You are laid off. You are out of status now. Your employer is supposed to pay for your ticket home.
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