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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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I am on my STEM OPT right now which is valid until Dec 2018.

Customer Question

Hi
JA: Hello. How can I help?
Customer: I am on my STEM OPT right now which is valid until Dec 2018. My company applied for my H1 B this year, and it got approve. I that case my H1 B would start from Oct 1st this year. I have my approval notice with me. But I have lost my job now.
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: Can I get my H1 B transferred to a new company before Oct 1st?
JA: Have you talked to a lawyer yet?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Expert James replied 1 month ago.

Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

Expert:  Expert James replied 1 month ago.

Is this a cap subject H1B?

Customer: replied 1 month ago.
Hi, I am on my STEM OPT right now. My company applied for my H1 B this year in April. I got my H1 B approval notice, which says that my H1 B will be effective on Oct 1st this year.
But I just lost my job.
1) Should I get my H1 B transferred to a new company ?
2) If yes, should I get my H1 B transfer initiated before Oct 1st?
3) How much time I have right now to find a new job?
4) If in case the H1 B transfer is not successful/ the application gets rejected my USCIS, can I work back on my STEM OPT? or will ,my STEM OPT will be lost?
4)
Customer: replied 1 month ago.
13 September 2017 10:55
Hi, I am on my STEM OPT right now. My company applied for my H1 B this year in April. I got my H1 B approval notice, which says that my H1 B will be effective on Oct 1st this year.
But I just lost my job.
1) Should I get my H1 B transferred to a new company ?
2) If yes, should I get my H1 B transfer initiated before Oct 1st? or after Oct 1st?
3) How much time I have right now to find a new job?
4) If in case the H1 B transfer is not successful to a new company / the application gets rejected by USCIS, can I work back on my STEM OPT? or my STEM OPT will be lost?
Expert:  Expert James replied 1 month ago.

OK, now you are asking a whole new set of questions. I will need some time and patience from you to prepare my responses/answers to those questions. Thank you.

In the mean time, can I safely assume this was a cap subject petition?

Which job did you lost? The OPT job or the H1B job?

Customer: replied 1 month ago.
lost OPT job
Expert:  Expert James replied 1 month ago.

OK, and your H1B job is still available?

And again, please answer this question: Is this a cap subject petition?

Customer: replied 1 month ago.
I have I-797
I had just one job OPT job as software engineer, after my master's in US
Customer: replied 1 month ago.
case : I129- petition for a nonimmigrant worker
Customer: replied 1 month ago.
i have I-797A form
Expert:  Expert James replied 1 month ago.

Sir/Madam,

Are you cap subject or not? I have asked this question four times now.

Customer: replied 1 month ago.
I am not aware of that.. what is a cap subject..
I am currently on my stem OPT
Expert:  Expert James replied 1 month ago.

Did you have to get through the lottery first?

Customer: replied 1 month ago.
Expert:  Expert James replied 1 month ago.

OK, so you were cap subject.

One final question: you mention losing the OPT job, and then you say it is one job. Does that mean your H1B sponsor is no longer offering you the job either? By that I mean, is the OPT employer the same as the H1B employer and the job they were offering you is no longer available?

Customer: replied 1 month ago.
Expert:  Expert James replied 1 month ago.

OK, I am preparing my answers.

Expert:  Expert James replied 1 month ago.

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

NOTE: You must report the loss of employment and complete Form I-983 with the employer to submit to the DSO within 10 days.

QUESTION 1: Should I get my H1 B transferred to a new company?

ANSWER: Only you can decide if you "should." I can't tell you what to do. But if you want to work on H1B, then you must do that.

QUESTION 2: If yes, should I get my H1 B transfer initiated before Oct 1st?

ANSWER: Yes, since you do not have a job to go to on October 1.

QUESTION 3: How much time I have right now to find a new job?

ANSWER: The grace period for OPT. But remember you should automatically change status on October 1. So you need to get one ASAP and have them file for you.

QUESTION 4: If in case the H1 B transfer is not successful/ the application gets rejected my USCIS, can I work back on my STEM OPT? or will, my STEM OPT will be lost?
ANSWER: On October 1, your status is H1B. You cannot just go back to F1 status (OPT) without applying for a change of status first.

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