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Urgent- Employement Termination on Opt prior to h1b start date

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  • Urgent- Employement Termination on Opt prior to h1b start date

    Hi,

    Can someone please help..

    my wife was on opt and started working for a dental clinic. Her h1b is approved and started from Oc1 -09. but Her employement was terminated prior on Sep 28th.. We were of thinking that her status is still on opt. we are also not sure if her employer revoked her h1b.. she has a another job offer in hand and need to join that.. will she be eligible for a h1b transfer or new h1b?
    or can she still use her opt

    Please help

    Thanks
    Rajeev

  • #2
    Did that H1B approval come with a valid I-94. If so, her status is H1B from October 1st. When on H1B, one need to be working and get paid to maintain the H1b status. If she was not working on H1B, then she is out of status. When you are out of status, transfer is not possible. Being out of status will cause big issues later.
    Last edited by shervin143; 12-02-2009, 01:00 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

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