H1B / OPT question

[omega77]

Hi All,
I started my OPT this June 2008 and my employer filed for my H1B this April and it has been approved.

My questions are -
1. Do I automatically change status from OPT to H1B on the 1st October. My H1B approval has a I-94 attached to it. If in case, I loose my current job, then can I go back to the OPT status.

2. Again, if my employer terminates me and cancels my H1B on the same day, how much time do I have to transfer the H1B. I read that I go out of status right away. But I suppose there should be some way to make it work since so many people are loosing their jobs and they still do something to stay in status.

I would really appreciate if anyone can provide any inputs.

Thanks

[DMX17]

1. No. OPT is gone.

2. Out of status the next day you lose job. Apply for a COS to visitor status before your lose your job if you want to stay here in the U.S. and visit places.

[omega77]

Thanks DMX17 for your response.

I have another question -

1. How does everyone who loose a job manage to go for another job ( how do they manage their transfer of H1 and all that). Surely not everyone who loses a job has already transferred their H1B visa.

2. If in case, I find another employer who is interested in hiring me, when should i apply for a H1B transfer. Once I am terminated or should I start the process now and have my H1B transfer approved so that once I lose the job, I can shift. COuld anyone be elaborative on this. I dont want to resign on my own but will wait till they terminate ( this option only works beneficial for me ).

Thanks

[txh1b]

1. A person loses status as per the book on the day of layoff. As severance paychecks keep coming for sometime, people manage to use the check to validate status and find another employer and transfer. The company has to officially keep the H1b active till the last day of severance check to legally pay an employee.

2. Better get started earlier if you are in a layoff situation. Read the FAQs.