URGENT - Got laid off while in F-1 Visa and H-1B approved

[AM12345]

Deleted

[mindrd]

I am currently on F-1 Visa (OPT)(My OPT is valid till May 2017 and the visa stamp on my passport is valid till May 2018) and this year when my company filed for H-1B it was approved (I have the approval notice) and will become active from October 1 2016 onwards. Now all of a sudden I have been laid off 2 days back. I have started looking for new job and hope to have an offer within 2 weeks. Here is my doubt?

1. What will happen to my approved H-1B(which is still not active and will be active from October 1 2016 onwards)? It will be active from October 1, 2016 onwards(about 3 months from now) so if I find a new job before that (before October 1, 2016) and start the transfer petition to transfer it to new employer will it be transferred?

2. If it doesn't get transferred (for any reason) what will be my current status (as right now I am on F-1 OPT and H-1B will be active from October 1 onwards only) and status after October 1 2016?

This status of me being in F-1 OPT for now and having an approved H-1B (going into effect in future date) is confusing me and I am unable to figure out my status and status-to-be in future. What steps should I take(apart from finding a new job at the earliest)?

Thanks in advance

It looks like your status is Cap Gap , which means that you are granted a period of time where you will not be accumulating unlawful status while pending the H1B petition. Because your cap case was not denied, or revoked based on fraud, you should be able to change jobs as long as the new company has filed an I-129 for you on your behalf, but the work must begin on October 01, 2016.

[AM12345]

It looks like your status is Cap Gap , which means that you are granted a period of time where you will not be accumulating unlawful status while pending the H1B petition. Because your cap case was not denied, or revoked based on fraud, you should be able to change jobs as long as the new company has filed an I-129 for you on your behalf, but the work must begin on October 01, 2016.

So to be clear I can get a new employer before October 1, 2016 right? But what about when can I start working for that employer? I am currently on F-1 (STEM OPT) and my approved H-1B will be active from October 1, 2016. So shouldn't I be able to to start working for new employer as soon as possible as I have a valid active F-1 OPT visa? Or do I have to wait for October 1 2016 even though I have valid F-1 OPT visa?