H1B file will be sent next week.

[nish457]

Hi,

I am working on a client side(MNC) through a staffing agency on my STEM OPT, I need h1b this year so I changed my staffing agency last week. I am working at client since last 19 months. But my new agency has filed for only one H1b in the past, it was approved..

What are the chances that my petition will be denied and it will take at least 10 more days to file for H1B, what are the chances about quota, Mine will be filed under Master’s cap.

Appreciate your Help !
Thanks.

[shervin143]

No one can predict whether your petition will get approved or not. That depends on a lot of factors. The CAP will remain open. There is no sign of it getting closed any time soon.

[nish457]

Thanks..

What if my H1 is in process and I lose my current job ?
Will it be withdrawn or denied ...

And also what if I lose my job after H1 gets approved ?..

[shervin143]

What if my H1 is in process and I lose my current job ?
Will it be withdrawn or denied ...
>>> The employer will withdraw the petition in that case. You don;t need to do anything.

And also what if I lose my job after H1 gets approved ?..
>>> Well, the employer will withdraw the petition. You need to file a COS to any other status before your last working day with the employer or you should leave the country.

[nish457]

And also what if I lose my job after H1 gets approved ?..
>>> Well, the employer will withdraw the petition. You need to file a COS to any other status before your last working day with the employer or you should leave the country.

>> But i am already on my OPT it's valid till Oct 10.. Can I find another employer and transfer h1 ?

[shervin143]

Once an H1B petition is filed with a start date of Oct 1st, your OPT will end on Sept 30th. If the H1B gets approved as a COS (with a new I-94 attached to the approval notice), then you will automatically be in H1B status as of Oct 1st. If the H1B gets denied or gets approved for consular process, then you will need to talk to your school to reinstate your OPT status.

If you want to transfer your H1B before Oct 1st, you can do that. Once you are in H1B status, in order to successfully transfer your H1B, you need to eb working and getting paid. In that case, if you loose your job, you should file the H1B transfer to another employer or file a COS to any other status before your last working day with the H1B sponsor.