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Laid off while Pending OPT-Extension and H1-B Petition with USCIS

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  • Laid off while Pending OPT-Extension and H1-B Petition with USCIS

    I'm STEM F-1 student in my first year OPT (started on 06/05/2017) and currently working with an E-Verified employer.
    Unfortunately, our team got laid off recently and May 31st is going to be my last day.

    While I was here and since my OPT is going to expire on 06/04/2018, I applied for an extension in March.
    It has already been approved but I haven't yet received my new EAD yet.
    I got approval mail from USCIS regarding this and is reflected on SEVP Portal.

    Also, my current employer applied H1-B petition which got picked up in the lottery but still pending with USCIS for decision.
    Because of this, USCIS already extended my first year OPT adding the cap gap extension till 09/30/2018.

    I read the article from USCIS website
    https://www.uscis.gov/working-united...yment/stem-opt

    It mentions that I have total 150 days of unemployment.
    I have already utilized few days since I started working about 56 days after my initial OPT start date.
    Its very confusing for me since USCIS already extended my first year OPT adding the cap gap till 09/30/2018.

    I'll continue looking for employment and try find another job as soon as possible and keep you updated.

    Can you please help me and direct what should I do to maintain valid status?

  • #2
    similar state: Laid off while Pending OPT-Extension and H1-B Petition with USCIS

    I am in a similar situation, if not worse.

    I was working with one reputed organisation where my employment was terminated(July 2) on a day before my OPT end date(July 3). I have filed my STEM OPT Extension application with the USCIS on May 21st and is still pending with them. I do not have another offer at hand and I am unable to perform in the interviews carrying all these status worries.
    I have a few questions precisely.
    * What will happen if I report the termination of employment to the DSO late (like after I receive my EAD with STEM Extension). I know there is a rule that I have to report with in 10 days of employment status change.
    * What will happen if I did update the DSO with the termination of employment. Will that cancel my existing STEM OPT application with USCIS?
    * How many days of unemployment will I be allowed to search the new job.(I have 23 left on OPT)

    I couldn't risk asking all these questions to the DSO myself as my college DSO are very strict and they document every conversation.

    I have very less time, so any help opinion in this regard is appreciated.

    I am curious to listen what happened in your case?

    Comment


    • #3
      If your I 94 has expired and you have been laid off, you are unable to work until the OPT extension has been approved. if you OPT extension is denied you will be considered out of status and will begin accruing unlawful presence.
      This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

      -Krypton9591

      Comment


      • #4
        Originally posted by krypton9591 View Post
        If your I 94 has expired and you have been laid off, you are unable to work until the OPT extension has been approved. if you OPT extension is denied you will be considered out of status and will begin accruing unlawful presence.
        krypton9591 Thanks for your answer. My i94 expires 2020.
        What I am worried is how many days will I have to find new employment?
        Will my current STEM application be denied once I update to the DSO that I lost the employment?
        If that is the case, where would that keep me for the number of unemployment days.

        Comment


        • #5
          Hi sai.vf489 I am in same situation currently . can you tell what did your dso do? or what was your experience?

          Comment


          • #6
            Hi richie0206, I have a somewhat similar case as yours. I had a few more questions. Is there a way where we can connect to have a conversation more efficiently. I am very worried with my status.

            Comment


            • #7
              Similar situation - assistance needed.
              Can we connect to discuss what the best options are.
              I've been job hunting & interviewing but companies take their sweet time.

              Comment


              • #8
                Hi guys,

                I'm approaching a similar situation, and seeking advice on what to do. I used up my 90d of unemployment under the regular OPT. The USCIS website says I get an additional 60d under STEM, but only once my STEM EAD is approved and in my hands. Please let me know if anybody sees this...would love to connect!

                Thanks,
                A hapless immigrant

                Comment

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