Immigration Issues/opt cap gap to h1

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Question
hi,

i am on OPT - cap gap.My company filed my h1b and i got approval .Now my company laid me off from the job.I am on opt cap gap till sep 30th.My h1 will start from oct1st.

My company wants me to transfer my visa to some other company before sep30th.Right not they are holding my visa.



Now i am finding job ,but no luck so far.



My question is ,as i am on opt cap gap till sep 30th, can i only transfer my h1 to everified company or any company.

second que is ,if i dont find any job till sep 30th and if my previous company hold my visa after sep30th,can i stay here?



Do my payroll has to be generated till sep 30th?



what is the worst scenario i cant stay here ,till what date?



please help me.

Answer
Dear Rajvi:
To my understanding, you may opt for a change of employer immediately and get the current H1 transferred accordingly.

E-verified seem to be a must in STEM extension cases; to my understanding, you may transfer to any company.

You would only have the grace period (60 days).

Payroll may only be generated once you start working [which seem on/or after October first].

Worst scenario, you would only have the grace period of 60 days.  You may, however (under limited circumstances), change to F1 by getting a new I-20.

Please note that your query is case specific for it to be meaningfully answered on a forum; I would recommend you hire and/or consult an immigration attorney to properly pursue this matter without any problem.  

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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