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  1. #1

    Default fired while h1b in process?

    Hi

    My company filed H1B this month. What happens if they fire me? Because the situation is grim now. I do have an EAD linked to F1 and valid upto June 2013. But F1 expires this year August.

    Thanks.

  2. #2
    Join Date
    Oct 2008
    Posts
    6,686

    Default

    If they have to do that, you need to make sure that they withdraw their H1 petition before Oct 1. Ask them to keep copies of withdrawal letter and some evidence that withdrawal letter sent before Oct 1.
    What happens is when H1 gets approved with change of status, your SEVIS record and OPT ends. So by proving that H1 was withdrawn before change of status kicked in, your school's DSO will have to start a SEVIS data fix and they will ask for proof of having sent withdrawal letter before Oct 1. You can then remain in the US and find other OPT qualified employment while OPT is valid.
    If you get fired after Oct 1, you will have to leave the US or transfer H1 before last day of work.
    This is my opinion and not legal advice.

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