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CAP GAP Laid off H1B petition approved

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  • CAP GAP Laid off H1B petition approved

    Hello - I think I am in a very strange situation and need help in maintaining status. I've an H1B visa approved for the FY2014 and it was supposed to become effective from Oct 1 2013. I am currently on CAP GAP as my OPT EAD expired on June 10 2013. Unfortunately, my company was downsizing and I was laid-off. My last working day was Aug 2 2013 but my pay roll will be running through Sep 27 2013. I am not sure if my employer has already revoked my H1B petition but I am sure that will happen only after Sep 27.

    1) what is my current status ? should i consider sep 27 or Aug 2 the date when I go out of status ?
    2) What happens to my H1B cap exempt ? Since my h1B petition is approved, can my future employer transfer my existing H1B petition ?
    3) How much time do I have before I go out of status ?
    4) what are my options to maintain my status ? will I get the standard 60 day grace period after the OPT ?

    Really appreciate any help here !!

  • #2
    Hi neokronic,

    Could you please tell me what happened to your case after this? Were you able to file for a new H1B petition from another employer (Employer B)?
    And was B's petition approved?


    Originally posted by neokronic View Post
    Hello - I think I am in a very strange situation and need help in maintaining status. I've an H1B visa approved for the FY2014 and it was supposed to become effective from Oct 1 2013. I am currently on CAP GAP as my OPT EAD expired on June 10 2013. Unfortunately, my company was downsizing and I was laid-off. My last working day was Aug 2 2013 but my pay roll will be running through Sep 27 2013. I am not sure if my employer has already revoked my H1B petition but I am sure that will happen only after Sep 27.

    1) what is my current status ? should i consider sep 27 or Aug 2 the date when I go out of status ?
    2) What happens to my H1B cap exempt ? Since my h1B petition is approved, can my future employer transfer my existing H1B petition ?
    3) How much time do I have before I go out of status ?
    4) what are my options to maintain my status ? will I get the standard 60 day grace period after the OPT ?

    Really appreciate any help here !!

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