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h1b , layoff , opt , what happens to h1
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  #1 (permalink)  
Old 08-20-2009, 12:04 AM
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confusedH1 is on a distinguished road
Post Layoff on OPT, H1B approved
Hi,

I got laid off a couple of weeks back and my OPT also expired a few days back. My employer filed my H1B visa in April 2009 and I got the approval, but did not get a chance to get it stamped yet. I now have about 60 days to get into another status and I'm considering going back to F1 by joining another school. My question is, if I get a job (say sometime after october) after I join the school, what will my employer have to do about my H1 then? Will he have to file for a brand new H1 in April 2010 because I didn't get my previous H1 stamped, or is there a way to apply for H1 but not have to wait till October next year for it to get into effect, or is there a way to revive to reinstate my previous approval and continue with it. I want to know what situation am I in. Once again my recap
Layoff on July 31
OPT expired on Aug 15
H1 approved but not yet stamped
Planning to join another school and already have an I20
What happens to my H1??

Thank you so much.
Regards
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  #2 (permalink)  
Old 08-20-2009, 01:19 PM
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Quote:
Originally Posted by confusedH1 View Post
Hi,

I got laid off a couple of weeks back and my OPT also expired a few days back. My employer filed my H1B visa in April 2009 and I got the approval, but did not get a chance to get it stamped yet. I now have about 60 days to get into another status and I'm considering going back to F1 by joining another school. My question is, if I get a job (say sometime after october) after I join the school, what will my employer have to do about my H1 then? Will he have to file for a brand new H1 in April 2010 because I didn't get my previous H1 stamped, or is there a way to apply for H1 but not have to wait till October next year for it to get into effect, or is there a way to revive to reinstate my previous approval and continue with it. I want to know what situation am I in. Once again my recap
Layoff on July 31
OPT expired on Aug 15
H1 approved but not yet stamped
Planning to join another school and already have an I20
What happens to my H1??

Thank you so much.
Regards
You wont come under H1B quota next time. You can get a H1 with new employer any time.

DISCLAIMER: I am not an attorney and this is not a legal advice
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  #3 (permalink)  
Old 08-20-2009, 03:05 PM
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confusedH1 is on a distinguished road
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Thank you so much yagw. But Will I have to wait till october of next year for my H1 to come into effect or can I start working immediately?

Regards
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  #4 (permalink)  
Old 08-20-2009, 03:42 PM
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You have to begin work immediately if a COS is approved from a already cap counted H1b anytime in the future.
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  #5 (permalink)  
Old 08-20-2009, 04:14 PM
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confusedH1 is on a distinguished road
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Thanks for the reply txh1b
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  #6 (permalink)  
Old 08-20-2009, 04:16 PM
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Originally Posted by confusedH1 View Post
Thank you so much yagw. But Will I have to wait till october of next year for my H1 to come into effect or can I start working immediately?

Regards
If your H1B is FY 2010...you can start working only from October and not immediately.
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