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Urgent - Need Help!!! Laid Off during OPT Cap-Gap before Oct 1st - Revocation 10/15
Guys,
I would love to hear all insights into my situation. The timeline is very tight since I assume the actions need to be done before next Wednesday.
* 4/2014: Company A filed H1B Petition
* 5/2014: H1B petition approved
* 8/15/2014: Termination date at Company A
* 8/31/2014: Last Pay Stub Period
* 9/30/2014: Last day of I-20 and OPT Cap-Gap
* 10/15/2014: Next week Company A will revoke my H1B Petition
I just got an offer from another company who is willing to file for H1B transfer for me. However, we just started the process and they haven't filed for LCA yet.
My question is:
1) Does the 60-day grace period kick in 8/15/2014 or 9/30/2014? One of the attorneys told me grace period starts at the end of I-20 expiration since you are not required to work during OPT Cap-Gap anyway.
2) Since it hasn't yet been 60-day grace since 8/15/2014 or 9/30/2014, Am I still in legal status and won't go out of status until either 10/15/2014 or 11/30/2014?
3) When does the new company need to file the H1B transfer for me? Do they need to do it before 10/15/2014?
4) Should they do this as COS or Consular Processing?
5) What are the risks or basis of denial of doing Consular Processing?
6) Since I stopped working for my original H1B Petitioner on 8/15/2014, is my H1B I-797A still valid? It was subjected to the cap so will I not be counted against the cap again when transferring employers or no?
7) How do I persuade the new employer, Company B to expedite the process since at the moment I don't think they know I left my job in August and still assume I am still working. I did send over my last paystubs and also my resume - but they might have missed the details? Would writing to them or giving them a call be a disservice to me since they might have 2nd thoughts about the offer?
Thanks so so much guys. I would appreciate all the help
I would love to hear all insights into my situation. The timeline is very tight since I assume the actions need to be done before next Wednesday.
* 4/2014: Company A filed H1B Petition
* 5/2014: H1B petition approved
* 8/15/2014: Termination date at Company A
* 8/31/2014: Last Pay Stub Period
* 9/30/2014: Last day of I-20 and OPT Cap-Gap
* 10/15/2014: Next week Company A will revoke my H1B Petition
I just got an offer from another company who is willing to file for H1B transfer for me. However, we just started the process and they haven't filed for LCA yet.
My question is:
1) Does the 60-day grace period kick in 8/15/2014 or 9/30/2014? One of the attorneys told me grace period starts at the end of I-20 expiration since you are not required to work during OPT Cap-Gap anyway.
2) Since it hasn't yet been 60-day grace since 8/15/2014 or 9/30/2014, Am I still in legal status and won't go out of status until either 10/15/2014 or 11/30/2014?
3) When does the new company need to file the H1B transfer for me? Do they need to do it before 10/15/2014?
4) Should they do this as COS or Consular Processing?
5) What are the risks or basis of denial of doing Consular Processing?
6) Since I stopped working for my original H1B Petitioner on 8/15/2014, is my H1B I-797A still valid? It was subjected to the cap so will I not be counted against the cap again when transferring employers or no?
7) How do I persuade the new employer, Company B to expedite the process since at the moment I don't think they know I left my job in August and still assume I am still working. I did send over my last paystubs and also my resume - but they might have missed the details? Would writing to them or giving them a call be a disservice to me since they might have 2nd thoughts about the offer?
Thanks so so much guys. I would appreciate all the help
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