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Old 08-24-2008, 03:05 AM
Junior Member
 
Join Date: Aug 2008
Posts: 1
Default employment termination a week before H1-B kicks in

Hi,

I am currently working on the OPT (H-1B Cap-Gap extension; my EAD card expired in July 2008) and my H1-B was approved to kick in on October 1, 2008 (my employer requested a change of status). However, my employment will be terminated on September 22 and I am not sure if I will be able to find a new employer before that date. I understand that the H1-B status depends on a valid current employment. I have a B1/B2 visa stamp valid until 2010.

I would like to find out what options are available to me while I seek a new job. I have been searching several websites, but could not find a clear answer to my situation. Any help would be truly appreciated.

My questions are specifically the following:

1. I am aware that a H1-B is transferable. But, as my employment will be terminated before my H1-B kicks in, am I eligible to transfer my H1-B?
2. Assuming that I do not find a new employer before Sep 22, what will my status be on Sep 23? Will I be on the OPT grace period? If so, how long is that?
3. Can I change status to B1/B2 (using the stamp that I already have)? If so, when do I have to do it and what is the fastest procedure to accomplish that (is it enough to go to Mexico and re-enter)?
4. If I change status to another visa (B1/B2, for instance), can I later change status again and “revive” my already approved H1-B and transfer it to another employer?
5. Summarizing, what options are available to allow me to continue job seeking after the termination of my current employment (Sep 22)?

I truly appreciate any educated insight.
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