H1B + Layoff + F-1 OPT EAD

vramamu

Registered Users (C)
I am on H-1B for the past 3 months, I think I am going to be laid off.
I have 2 questions
1. If I get laid off on Day X, How much time do I have from day X before I get a new job.
I read in a bunch of places that there is no time, if so if I find an employer 10 days after day X
what are the implications?(since i presume ill be out of status for the 10 days)
2.I still have my F-1 (OPT)Ead valid for another 5 months can I use that to be in status till I find a new employer or did I give it up as soon as I jumped into the H-1 band wagon.

Thanks
Vijay
 
vramamu said:
I am on H-1B for the past 3 months, I think I am going to be laid off.
I have 2 questions
1. If I get laid off on Day X, How much time do I have from day X before I get a new job.

You are out of status on the day you are laid off.

I read in a bunch of places that there is no time, if so if I find an employer 10 days after day X
what are the implications?(since i presume ill be out of status for the 10 days)

You should be okay. Just ask your new employer to file your H1B immediately. Also furnish the latest pay stub to USCIS from your old employer.

2.I still have my F-1 (OPT)Ead valid for another 5 months can I use that to be in status till I find a new employer or did I give it up as soon as I jumped into the H-1 band wagon.

You have abondoned your OPT by changing your status from F1 to H1B and so you cannot use your OPT period to make your stay in the US legal.

Thanks
Vijay
 
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