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Please help clarifying my situation on H1-B

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  • Please help clarifying my situation on H1-B

    Currently, I am on H1-B visa. However, things are not straight between me and my employer. I may get laid off in next couple of days. My H1-B is valid till Oct 2014. I also got my OPT approved last year which is going to expire by the end of 2012, However, my employer filed H1-B peition and got approval before my OPT was approved. In case if I get fired, what are my options in terms of maintaining my status? Will my OPT be useful in case if I get fired (H1B)? Any suggestion would be appreciated.

  • #2
    When did your status change? Oct 1, 2011? What matters is what is your current status. If the H1 petition was approved with change of status (I-94 at the bottom), your OPT is over. You can also ask your school DSO if your SEVIS record is active.
    If you are on H1 status, you will go out of status immediately after your last day of work, any transfer petition must be filed before your last day of work. Also, your current employer is required to pay for your ticket to home country.
    This is my opinion and not legal advice.

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