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    juhi_si's Avatar
    juhi_si Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jun 30, 2008, 08:47 PM
    Lay off on OPT, have valid H-1
    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
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Jul 1, 2008, 07:35 AM
    Quote 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
    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....
    juhi_si's Avatar
    juhi_si Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Jul 1, 2008, 07:54 AM
    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?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #4

    Jul 1, 2008, 08:06 AM
    Quote 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?

    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.
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