Sree Nawal
Jul 20, 2023
H1B Visa Portability
Hi everyone,
I needed some assistance on some visa issues.
I have graduated last year with MS in Data Science and currently on my F1-OPT.
My EAD ends on 5th August, 2023 and I can opt for either STEM OPT extension or H1B cap gap. I got my H1B approved from my current employer just this July. My H1B visa - change of status starts from October 1st only.
However, my current employer is laying off candidates and have mentioned that if they don't find a project for me in these 3 months- until September, they might let me go.
I have another job offer but confused about the start date and H1B visa transfer process. I am super stressed out as I don't want to be out of a valid employment status.
If there is anyone who can help me with this, I will be very grateful.
Questions:
Can I change my job during H1B Cap gap?
What if my current employer lays me off on September 30th? Would I still have my H1B as valid?
When can my new employer begin the H1B transfer process?
Would I need to have payslips of October from current employer for H1B to be valid?
If anyone has any legal leads, or have faced a similar situation before please comment. I will DM you. Thanks again for reading this and helping me.
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