H1B approved, stamping pending, employer says no now

[mthakershi]

Hi all,

I am so frustrated and confused. Please help me if you have any information about my problem.

1. I got H1B approval for October 01 2007 start date.

2. I have my visa appointment at Mumbai consulate in the last week of August. I have already booked air tickets for that. I am currently in the US.

3. My OPT has expired on July 4th 2007. So I have 60 day grace period and I will leave US before it expires (I got my H1B approval only after telling USCIS that I will not violate the time I have between the grace period expiry and start date of H1B). I am not going to work after my OPT expiry.

4. I have worked with this employer for past 3 years (internships). Things were nice and everyone was happy with my work. Sadly, on the last day of my OPT, the partners had some fight and they split. I had nothing to do with any of that but I could be the ultimate bystander victim. The remaining partners who are going to run the company now, may not be interested in going along with my H1B and employment.

As you see, it has been really sad series events. If someone can suggest what options I have so that at least I can re-enter the US after my stamping. I am confident I will find another job and get H1B transferred.

Thank you so much.

[topcatin]

In order to stay in the US in that period you should consider taking classes from Kaplan. They offer a i-20 immediately, you can get a i-20 and you go back to F1 .so from opt expiry date to Oct1st you can be on F1 and then do a transfer. This is one option.
Did you know that if you find a job with a non-profit organization or/and universities they do not come under the H1 CAP. They need not wait till oct1st but can just say " I want to employ XYZ on July1st" and you have the H1.
The second option is good.
I dont understand one thing, have they indicated you that they are not interested in doing H1? Then why go with them in the first place?
Why not join some coaching course like GMAT just ot keep you in status till oct1st. and then switch. What you can do is do the Kaplan thing,keep searching for other jobs , if you get a NGO job..then good they can do your H1 immediately. It is too late to switch to another employer as the H1 CAP is over. The reason am stressing on NGO job or uni job is when you are not sure of whether these people will do your visa..why hang around with them? instead get a stable job from a NGO or uni. Hope this helps.

[mthakershi]

Thanks for your reply.