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H1B gap in employment- what are my options?

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  • H1B gap in employment- what are my options?

    Hi.. My H1B status (and my contract with my current employer) expires on 7/31. I have a potential new employer who cannot hire me before 11/1. What are my options for staying in the US during the gap? If my new employer sends a petition before 7/31 (but has a start date of 11/1 on the petition), would I be able to stay in the US? Both my current and new employers are cap exempt.

  • #2
    Your only option to stay in U.S is to file a COS to another other status. If you are married and if your spouse is working, then you can file a COS to H4 and stay in U.S. Or if you get admission to a school, you can file a COS to F1 and stay in U.S and attend school. Otherwise, you will have to leave U.s immediately after your last working day and return back after your new employer's petition becomes effective (You can travel 10 days prior to that petition effective date).
    Not a legal advice. Use of this information is strictly at your own risk.

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