need help: H1B layoff and OPT

[wwqq]

Hi,

One of my friends is in H1B but got layoff. Could he continue to stay in US and find a new job? I heard something about zero-tolerance about illegal status. Does this mean even he can find a new job later (maybe in 1 month), he cannot do it legally?

Also, he just graduated for 6 months. He is wondering if his OPT (expires in June 2006) still counts. Could he use his OPT to work for several months? Maybe in this way, his status is legal?

Thank you!!

[Nishant]

With change from F status to H1 and having worked for some time on H1, person cannot claim balance months of OPT.

For change of status, USCIS uses last few paystubs as a basis of deciding lawful presence in the country. If the person cannot submit paystubs due to being laid off, s/he has to travel outside US to get stamp and I-94.

[wwqq]

My friend gets his paycheck twice a week. So this means he has to find a job in 2 weeks and also in these 2 weeks, the new employer must file H1 application for him. Is this right? But this looks impossible.

Thank you!