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Ashu Kumar posted an update 10 months, 2 weeks ago
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? Any suggestion would be appreciated.
In my personal opinion your best option would be to find a new job ASAP, or change your status to another non-immigrant category such as F or B before your H-1B ends.
It sounds like your H-1B officially started on Oct. 1, 2011. If your OPT was approved before that date, it would have been voided once H-1B kicked in (when your H-1B officially started, not when the petition was approved). And your legal status would have changed from F1 to H-1 on 10/1/2011. In this case, your H-1B status will automatically terminate once your employment ends. If you find a new job quickly and file another H-1B, USCIS may overlook the small gap in-between and approve your new petition. Otherwise you will want to change your status before your H-1B ends.
If your OPT was approved AFTER you already started working in H-1B status, it would be an interesting and complicated situation. USCIS may have done so accidentally. You must contact your school’s DSO and confirm your SEVIS record (if still valid) and double check your current status.
Given the seriousness of your situation, you definitely should consult an immigration attorney to review your information in detail, and obtain legal advice with regard to your options. What we say on a message board is only an opinion.
Thank you very much for your response!!