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  • H1B layoff question

    Hi all,

    I was laid off last week. I graduated from my master's degree early this year, and worked on OPT for a few months. My employer filed H1B for me in April and I started working on H1B since this Oct.

    As I understand, by law, I'm out of status and cannot stay in the states as soon as my employer reports to USCIS, is that right?

    And is it possible for me to use OPT before OPT expires? What about OPT grace period?

    If not, what should I do? Changing my status to B2 or F1?

    I'm trying very hard to look for a new job. But I don't know whether the gap will do me anything bad.

    Thanks a lot!!

  • #2
    I was laid off last week. I graduated from my master's degree early this year, and worked on OPT for a few months. My employer filed H1B for me in April and I started working on H1B since this Oct.

    As I understand, by law, I'm out of status and cannot stay in the states as soon as my employer reports to USCIS, is that right?

    ---- From the day you are laid off by the company you are out of statud and not when the employer ifomrs the USCIS

    And is it possible for me to use OPT before OPT expires? What about OPT grace period?

    ---- I presume that you can go back to OPT. To be completely certain enquire with an experienced immigration attorney

    If not, what should I do? Changing my status to B2 or F1?

    ---- If there is no other option you should immediately apply for a B1/B2 or F1 status till you find job and get an employer to sponsor your H1

    I'm trying very hard to look for a new job. But I don't know whether the gap will do me anything bad.

    ---- Nothing bad will happen as long as you can change your visa status and continue staying legally in the US

    Subramanya

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