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Lay off on Cap-gap period but H1B approved. What should I do?
Anonymous3 views3 answers
Hi ,
I found myself in a kind of weird situation here. My H1B for FY2013 got approved three week ago and I received the notice. It is not going to be effective until Oct 1, 2012. But this week, I was notified there will be a staff cut, including me, in three weeks.
So my question is, if I found a new employer willing to sponsor my H1B, can I try to port the approval under the new company without being subject to the cap again since there is no cap now?
I am on F1-OPT ending 08/28/2012. And I am not a STEM major.
You are already covered by the F-1 cap-gap regulation regardless of not being a STEM major, and a petition by a new employer won't be subject to the H1B cap because you were already counted for this fiscal year, so if you can find a new employer, have them file for you ASAP.
Yes, you can do a Change of Employer (COE) petition based on the cap counted H-1B without being subject to the cap again. Your company will likely notify USCIS that they no longer intend to employ you on the H-1B so I would hope you will find a new employer as soon as possible.
Yes
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
