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Issue related to H1-B Visa

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  • Issue related to H1-B Visa

    I recently get layoff from employer. I was working on H1-B visa for that employer. Recently I put I - 539 for Change of status from H1- b visa to F1 visa and still it under process.

    My questions are

    - Can i still apply for H1-B visa transfer for new employer?

    - I still have some unpaid hrs & expenses that I didn't get back from my
    employer. I like to report at labor department about this. Is that affect my
    current F1 Transfer process or H1-B visa in future?

    - Can I start work once I get offer from new employers under CPT if H1-B to
    F1 transfer visa is under process. I am already eligible to get CPT from
    first day once I- 539 is approved.

    Please advice me on above scenarios

  • #2
    Originally posted by kumarpatel View Post
    I recently get layoff from employer. I was working on H1-B visa for that employer. Recently I put I - 539 for Change of status from H1- b visa to F1 visa and still it under process.

    My questions are

    - Can i still apply for H1-B visa transfer for new employer?
    This gets complicated. You must consult a good lawyer about this.
    - I still have some unpaid hrs & expenses that I didn't get back from my
    employer. I like to report at labor department about this. Is that affect my
    current F1 Transfer process or H1-B visa in future?
    Yes, you must produce paystubs till the last day of work (which must be before the COS receipt date) You can also complain to DOL and submit that receipt.
    - Can I start work once I get offer from new employers under CPT if H1-B to
    F1 transfer visa is under process. I am already eligible to get CPT from
    first day once I- 539 is approved.
    Talk to your DSO, you must be in F1 status in order to get any CPT.
    Please advice me on above scenarios
    Answers above.
    This is my opinion and not legal advice.

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