Urgent help required: Laid of on H1, still studying but not left with many courses.

[jaymataji]

I got laid off on H1 from my company. Now i can not find other jobs in current market. However i was on F1 status till October 1st and from then till 17th october i was on H1 status.
Question is
1) can i go back on F1 Status with only 3 courses left?
2) How much time i have to file for F1 or to transfer my H1?
3) What happens to my status for the days when i am unemployed?
4) Now my H1 is on my under graduation degree in electrical, so what happens if i get job in IT (as i am doing my masters in computer science) and that company file my H1 transfer? Will my job code create problems for transfer?

I am really stuck with this situation and not sure where to head now. Will really appreciate your response on this issue.

[saketkapur]

Not sure of your situation totally....but do you still have your OPT left? DO you have a valid OPT EAD card?
If so then get another job on EAD and try to get your H1 transfer asap.

[jaymataji]

My status changed from F1 to H1 as per my university. Now i am not sure if i want to transfer from H1 to F1 again then how much time i have?
my H1 was as electrical engineer so now if i get job in IT then is it possible to switch?
Yes i have OPT but when i transfer to F1 again then can i just continue with existing course and just finish my 3 courses for graduation? or i have to attend x nos. of courses to get approved for F1?

[saketkapur]

I would suggest that you should talk to a immigration lawyer to things clarified regarding if your OPT EAD is still valid or not?
As far as I know you get 30 days to file for H1 transfer. The rules might have changed so get consult with a good attorney.
Regarding switching fields, it did not use to matter at the H1 stage and only mattered when you filed labor certification when starting your GC process. I personally knew of many electrical engineers(with MSEE in US) who had joined IT firms on H1s.
However again I guess rules have changed and last I had heard that now they have or planning to introduce labor at H1 stage.
Again I would suggest take consult with a good immigration attorney as these days the rules seems to be murkier and you do not want to be out of status for any reason.

[jaymataji]

I think you are right. I am not sure how much university will help me in changing my status from H1 to F1 with me only left with three more courses with them. I hope they don't force me to attend some more classes then what is required. By any chance do you know how much time i have to transfer my visa after getting laid off?

[swamy]

sorry to hear about your plight but dont give up so easily...you might still land a job & be able to stick to your h1 - within a couple of weeks though, try to get a b1 aos so your status is maintained-& ofcourse talk to a lawyer too..dont use your opt card - its invalid the moment you go on h1

[jaymataji]

I have not graduated from university and still left with 3 courses to graduate. i will graduate in spring 2010. I got my H1 on CPT from university so i was hoping that i OPT is still valid after I graduate from university with my masters in computers. I hope that OPT is still valid. However as you said once i go on H1 my OPT is not valid any more. But is it the case when i have not even graduated from university?

[nousername]

Sorry to hear about your situation. I had similar problem a while back.. Below are the answers to your questions:

1) can i go back on F1 Status with only 3 courses left? I believe you can go back to F1 i.e. if the University gives you a new I-120. You will need an attorney for this.

2) How much time i have to file for F1 or to transfer my H1? ASAP

3) What happens to my status for the days when i am unemployed? Out of Status the second you lost your job.

4) Now my H1 is on my under graduation degree in electrical, so what happens if i get job in IT (as i am doing my masters in computer science) and that company file my H1 transfer? Will my job code create problems for transfer? You can change to any job provided it qualifies for H1 and the company is ready to file for H1. It can be in engineering, Business, Accounting, Finance, anything at all.

Your OPT is not valid as that is attached to your F1 status, which you moved out of on October 17th. Your last known legal status was H1.