Laid off on OPT cap gap. Approved H1B.

Bevi
vs2105

Bevi

vs2105
Jul 18, 2020 8 Comments

Yesterday I learned that i am to be laid off by my company in three weeks. I was selected at the H1B lottery and I have already received the H1B approval and the I-797.
1) the HR told me that I can use my remaining unemployment days from OPT (90 days), and after the 1st of October, I will be able to use the unemployment days of H1B (60days) . Is that correct?
2) What's the earliest date that another company can apply got H1B for me? Can they do it immediately since I have the I-797, or do i have to wait until the 1st of October?
3) Even if I am unemployed on the 1st of October, will my H1B status get activated on that date?
#h1b #workvisa #opt #layoff

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TOP 8 Comments
  • New
    amzmovie

    New

    amzmovie
    Sorry to hear you have to go through this during this pandemic. Let us know what you find out
    Jul 18, 2020 0
  • I agree with Geico. You are in a very precarious situation where you need expert’s advice. Pls hire a private immigration lawyer.
    Jul 18, 2020 0
  • Geico
    nyEX34

    Go to company page Geico

    nyEX34
    Talk to immigration attorney
    Jul 18, 2020 0
  • QuEST Global / Eng
    mav0803

    Go to company page QuEST Global Eng

    PRE
    Apple
    mav0803
    I’m in similar situation, and my employer most likely will revoke the H1b. Please let me know what happens
    Jul 19, 2020 1
  • Oracle
    123_Sales

    Go to company page Oracle

    123_Sales
    If your current company doesn’t withdraw H1b petition, a new employer could potentially file for an amendment. Although chances of it getting approved especially before October 1st is tough. On October 1st if you are not on the payroll of the employer for which your I797 was approved, you are direct violation of visa on Day1.
    I was in a similar situation couple of years back but luckily I had one extra lottery chance left. Pay a good attorney and find a new employer immediately. Sorry to say but “ Embrace for impact” in your situation.
    Jul 19, 2020 0