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    ts342's Avatar
    ts342 Posts: 2, Reputation: 1
    New Member
     
    #1

    Apr 27, 2009, 04:07 PM
    H1 filed but job may get terminated
    I am currently on F1 OPT visa and my H1 was filed this year by my company. It is still pending approval. I want to know for how long can I stay in the US if my job is terminated before :
    1) Job terminated before I 797 (APPROVAL) is issued
    2) Job terminated after I 797 is issued but before H1 is effective (Oct 1st)

    Appreciate your quick response and suggestions.
    Thx !
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Apr 27, 2009, 06:44 PM

    For both questions, it has nothing to do with H-1 being terminated, it's up to employer who you work for under OPT. If the OPT is terminated prior to the completion of the course, you must leave US immediately. If you complete the OPT, you will have grace period of 60 days.
    ts342's Avatar
    ts342 Posts: 2, Reputation: 1
    New Member
     
    #3

    Apr 27, 2009, 09:38 PM
    Quote Originally Posted by lawanwadee View Post
    For both questions, it has nothing to do with H-1 being terminated, it's up to employer who you work for under OPT. If the OPT is terminated prior to the completion of the course, you must leave US immediately. If you complete the OPT, you will have grace period of 60 days.
    I don't know if I made myself clear. I have already finished my course last year and since then I have been working on F1 OPT. This year my employer has filed for H1B. While I have received the receipt of H1 filing, I am still waiting for the I 797 to come through (which I have been given to understand usually takes 2 months after H1 has been filed). What if I lose my job in next 2 months ? What if I lose my job after 2 months (assuming by that time my I797 has been issued). Thx for clarification.

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