OPT Student Fired after H1B lottery

[Hem_1 0]

Hi Experts,

 

I have OPT valid till early June, 2018. I applied for STEM OPT extension and new H1B in April. My OPT got extended till September end this year due to my case picked up in H1B lottery and STEM OPT changed to 'Pending' status. I got terminated by employer due to employer's bad financial conditions. 

Currently ( as of May mid) I am unemployed, I have H1B Receipt number and pending STEM OPT. 

Now I am not sure if:

1. Will my H1B petition be rejected/cancelled since I am not an employee now?

2. If not , can I still transfer my H1B petition to a different employer if I get a job (before stamping in October)?

3. Can I still get my OPT extension after September or June this year?

4. Or I will not get any STEM extension at all since I am unemployed now.

5. What will be the expiration of my OPT. Will it June or September?

6. Do I need to get a job before June, 2018 to get STEM extension.

 

Thanks

[cd37 229]

Your OPT is valid till june 2018, after which if you do not have job who applied for h1b and you will be out of status. You have to leave country or change your status to something else.

Also without a job you r not eligible for OPT extension.

[Coco8 1,042]

My understanding is that you are able to transfer the H1B to a new employer. You would have to find a job as soon as possible because your employer will send a letter to USCIS to revoke your petition. USCIS takes a long time to act on it because of bureaucracy, but still you do not want to risk it.

 

So basically start applying for everything.

 

You can have the OPT and then you will have the cap-gap so that it automatically extends from the date of expiration to when the H1B starts. So if you find an employer now, it does not matter if your OPT gets extended by UCSIS formally. It will be extended because you have the H1B. Look up "cap gap" in google.

 

Edited May 18, 2018 by Coco8

[cd37 229]

15 minutes ago, Coco8 said:

My understanding is that you are able to transfer the H1B to a new employer. You would have to find a job as soon as possible because your employer will send a letter to USCIS to revoke your petition. USCIS takes a long time to act on it because of bureaucracy, but still you do not want to risk it.

 

So basically start applying for everything.

 

You can have the OPT and then you will have the cap-gap so that it automatically extends from the date of expiration to when the H1B starts. So if you find an employer now, it does not matter if your OPT gets extended by UCSIS formally. It will be extended because you have the H1B. Look up "cap gap" in google.

 

Your cap gap protection is only active if you have the job/employer who filed your h1b. OP doesnt have a job anymore. For OPT extension, you need a job in your area of study and have to apply for extension before your opt expires. Basically you have to find job before june 2018 when op’s opt expires.

H1b starts from oct 1 which is start of fiscal year. you cant transfer h1b if its not approved. No current h1b, no transfer. You can not transfer something which is not approved and not started. 

Edited May 18, 2018 by cd37

[Coco8 1,042]

17 minutes ago, cd37 said:

No current h1b, no transfer. You can not transfer something which is not approved and not started. 

 

Not true. He/She can still transfer the H1B even if currently under OPT and not H1B. It is a risky scenario and USCIS might deny it, but OP does not have another choice since employer is not viable.

 

 

Edited May 18, 2018 by Coco8

[cd37 229]

4 minutes ago, Coco8 said:

 

Not true. He/She can still transfer the H1B even if currently under OPT and not H1B. It is a risky scenario but OP does not have another choice since employer is not viable.

 

 

The job doesnt exist based on what h1b was filed. OP has until june to get a new job to extend opt. Extension of opt is best option if get a job by june.