Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default 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 !!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Interviews: Prospective Employer Expects Me to be Bilingual, But I'm Not
    By b33eazy in forum Employment and Labor
    Replies: 5
    Last Post: 12-03-2012, 11:07 PM
  2. Application: What Can a Prospective Employer Do With Applicants' Personal Information
    By Legal Beagle in forum Employment and Labor
    Replies: 3
    Last Post: 12-15-2011, 09:19 AM
  3. Replies: 3
    Last Post: 12-03-2010, 11:06 PM
  4. Probation and Parole: Can a Prospective Employer Tell My References That I Am on Parole
    By sammi528 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 07-03-2010, 10:13 AM
  5. Hiring: Prospective Employer Claims Damages From My Not Taking a Job
    By ItGuy in forum Employment and Labor
    Replies: 5
    Last Post: 05-04-2007, 06:15 PM
 
 
Sponsored Links

Legal Help, Information and Resources