My H1 got approved and I got terminated

Sep 12 22 Comments

It's been one year working for an automotive company (not uber), they had laid me off due to budget issues in our project and my H1 got approved and would be in effect from Oct 1.
I need to get a job before Oct 1 or my H1 would be revoked on Oct 4 is what my company had told me. I am currently on my notice period and I only have 18 days to get a job. How does the H1 transfer work exactly ? I am looking for a consultancy at the moment, since they give options for jobs quick. Also looking for FTs passively at the same time.
If I get a job, I would file for H1 transfer and my new employer would be waiting until my H1 transfer is approved ? Or I'd be free to work under my new employer ?
If I don't get a job, my H1 would be revoked and I would go back to the OPT 90 day period right ?
PS. Let me know if there are any openings for automotive embedded software engineers for entry levels

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TOP 22 Comments
  • Bloomberg / Eng BEVO<GO>
    I guess you have to have the status changed to H1b before your new employer can file an H1 transfer for you, but you can find the new employer and work for them at the same time from now on and make them started working on the h1 document preparation before Oct 1st. Remember you are still on OPT before that day and therefore you can legally work for any employer before your status changes to H1b. Once your status changes to H1b and you get terminated, you should still have 60 days of grace period to find your next job. So as long as you find your new employer and they filed your h1 within the 60 days you will be fine. Once they received the receipt notice, you can legally work for your new employer after October 1.

    Another safer solution is as mentioned earlier to withdraw the notice and go back to OPT status, which if you can make it in time, your extension should still work, which get you three month buffer. But the cons is that once you find a new job you will need to go through the h1 lottery again. Though nowadays it is much easier to get picked up if you have a master degree.

    Choice is yours, but you definitely get some options.
    Sep 12 0
  • Aurora bystander!
    aurora.tech
    Sep 12 1
    • OP
      Thank you will look for opportunities in aurora
      Sep 12
  • Why do you have 18 days to look for a job? I read that if you are laid off your previous job and are unemployed, USCIS gives you 60 days grace period in the country to find another job.
    Sep 13 3
    • OP
      60 days if I'm on H1 and if my company is fine with it paying me for the 2 months notice. I'm on OPT at the moment. My company gave me 1 month and 7 days time to look for a new job.
      Sep 15
    • My understanding is that if your H1B is approved, even if you get terminated before Oct 1, your H1B kicks in on Oct 1 and because you are unemployed you have a grace period of 60 days to find another company and have the H1B transferred. After that, you can choose to work with the new company upon arrival of H1B transfer petition receipt (preferred in your situation) or after H1B has been approved.

      (I also suggest going to an immigration lawyer and speak to them. There are plenty in SF, search for them on Yelp- make sure to call and verify they have experience in F1-OPT and H1B cases, and get advice from one. Some are reasonably priced for advice sessions too. I called one off Yelp- around $150 for 30 mins of advice. Not a bad price to pay for your future.

      Also, if you have learned any new information, please do share updates here. Thanks!
      Sep 19
    • OP
      Got it. Will do. Really insightful. Thanks for that
      Sep 19
  • eBay bdhosbfa
    U need to fix the sevis data otherwise from oct one it ll show as h1b
    Sep 12 2
    • OP
      great tip thank you
      Sep 12
    • eBay bdhosbfa
      Yes please check with your school wat documentation they need for data fix. Sometimes they ask for withdrawal reciept and uscis takes time to send it
      Sep 12
  • eBay bdhosbfa
    Also if you wer on OPT before that uscis has a good documentation on what steps to follow. Let me know if u are not able to find it. Will send u the link.
    All the best. Hope something will work out.
    Sep 12 3
  • New / Strategy Porsche996
    Apply the OPT extension asap. It would make it 90+60 days.
    Sep 12 2
    • OP
      I did apply for an OPT extension in April and I got it for 2 more years. I don't have to do it again right ?
      Or do I ? since I had applied that through my current employer whom I'll be parting ways with on Oct 1
      Sep 12
    • New / Strategy Porsche996
      Don't know about that. Talk to OIS or your program director but you have 90 days of unemployment time in the first 12 months and additional 60 days in the following two year period and they do stack. So it's 150 days or 5 months in three year OPT term.
      Sep 12
  • eBay bdhosbfa
    What is your last day at your current company?
    Sep 12 2
    • OP
      Last day at my company would be on Oct 1
      Sep 12
    • eBay bdhosbfa
      If u r employed on oct 1 then i believe u should be able to do transfer
      Sep 12
  • Goldman Sachs kach1947
    You can start working potentially once the receipt notice is received. This is common practice with consulting companies, and is fine to do (and legal).

    Good luck with the job search. Don't panic, things will work out.
    Sep 12 0
  • OP
    Also one more question: When's the last date in my case to get a job for a successful H1 transfer ?
    Sep 12 0