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H1 - F1- H1 after layoff. Urgent.

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  • H1 - F1- H1 after layoff. Urgent.

    I am being laid off next Thursday - June 11, 2009 (currently on H1B until Sept 2010) and was only given a 1 week notice. I need help figuring out next steps -

    1. How do I get a F1 in a week ? Dont we need to go through the university admission process. What options do I have ?

    2. Assuming I get the F1 and find a position shortly after, is it considered a H1-B transfer or a new H1 ?

    3. If I can go through a H1-B transfer, Im assuming I am not subject to a cap. But can I start work upon getting the reciept ? or do I have to wait until approval ?

    Any advise would be deeply appreciated. Also, are there any options I am missing ?

  • #2
    Originally posted by aawatram View Post
    I am being laid off next Thursday - June 11, 2009 (currently on H1B until Sept 2010) and was only given a 1 week notice. I need help figuring out next steps -

    1. How do I get a F1 in a week ? Dont we need to go through the university admission process. What options do I have ?
    Yes, you need to get admitted to a school and get an I-20 from them. You may consider changing to B1/B2.

    2. Assuming I get the F1 and find a position shortly after, is it considered a H1-B transfer or a new H1 ?

    Your new employer will have to file a new cap-exempt petition.

    3. If I can go through a H1-B transfer, Im assuming I am not subject to a cap. But can I start work upon getting the reciept ? or do I have to wait until approval ?

    You will have to wait for approval, since you are currently not in H1 status.

    Any advise would be deeply appreciated. Also, are there any options I am missing ?
    Answers above.
    This is my opinion and not legal advice.

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