Hi,

My friend was laid off while on OPT. The company had applied for his H-1 this year and he already has an approval starting this Oct. He has been laid off. Can he find another job and get the H-1 transferred? If yes, can he do so now or wait for 1st Oct to get a transfer?

Thanks
Juhi

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Originally Posted by juhi_si

Hi,

My friend was laid off while on OPT. The company had applied for his H-1 this year and he already has an approval starting this Oct. He has been laid off. Can he find another job and get the H-1 transferred? If yes, can he do so now or wait for 1st Oct to get a transfer?

Thanks
Juhi

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He cannot do a transfer... he's not on H-1B yet.
If he could not find a new job on OPT in 30 days, he has to leave US and re-enter on H-1B.
Do not overstay ever....

He has valid OPT till end of October, so does mean that he can stay legally till then, find another job and transfer the H-1?

What happens if the company which filed his H-1 inform INS about the layoff, will they cancel his H-1?

Quote:

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Originally Posted by juhi_si

He has valid OPT till end of October, so does mean that he can stay legally till then, find another job and transfer the H-1?

What happens if the company which filed his H-1 inform INS about the layoff, will they cancel his H-1?

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When the paper says OPT is valid till end of October, it means only you are working. If you are laid off and cannot reinstate a new job under same condition, OPT is automatically revoked.

If the company he is working on OPT is the same one who filed H-1B for him, the employer has the right to report cancellation of H-1B if they wish.