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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Question Laid-Off During Cap-Gap I-20, How to Transfer H1-B

    Hi,

    I am on OPT Cap-Gap Extension initial OPT expired on May 31st 2013. I received H1-B approval notice in April which was set to start on October 1st '13. Though June, 11th I got laid-off by my current employer.


    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 employer B who can file H1-B petition for me and start working at B?
    3. Do I have a deadline to find a new job/employer?
    4. Will other H1-B petition by employer-B would be Cap-Exempt?

    I have done some research -->

    http://www.uscis.gov/portal/site/usc...004718190aRCRD

    http://www.murthy.com/2013/03/29/usc...-extensions-2/
    (Eligibility Under Cap-Gap Rule)


    Thanks,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Laid-Off During Cap-Gap I-20, How to Transfer H1-B

    Quote Quoting platinum002
    View Post
    Though June, 11th I got laid-off by my current employer.
    So you were laid off on June 11? And this is the same employer that had previously intended to hire you as an H1-B employee in October? And your employer withdrew its petition?

    As you already know from your research,
    If the student beneficiary is authorized for employment (OPT), as of the date of the filing of the H1B case, his/her employment authorization will also be automatically extended through the entire cap-gap period. However, if the petition is denied, withdrawn, revoked, or rejected, the status and work authorization ends, but the student should be eligible for the standard 60-day grace period from the date of the triggering event or the program end date, whichever is later. If, however, the USCIS denies the change-of-status request based on a violation of student status, or denies or revokes the petition based on a discovery of fraud or misrepresentation, there is no grace period.
    You can seek a new employer, but you should act expeditiously - and would want to discuss the situation with your new employer's immigration lawyer. You don't want to go out of status - for obvious reasons, we cannot promise you that you'll be able to find new employment and resolve all immigration issues before you need to leave the U.S. to avoid going out of status while inside the U.S.

    If your H1B for a non-cap exempt employer is approved such that you've been counted against the cap, then you don't have to worry about the cap for a subsequent H1B; but if your initial employer was cap-exempt you won't have been counted against the cap.

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