H1B - opt urgent help required

S

safun75

New Member
I am on F1 visa and in my opt period. i graduated in dec 2003. I have my ead valid till 27th dec 2004. I got a full time offer last year and company filed my H1B in july 2004. H1B start date is same as end date of my opt EAD i.e. dec 27 2004. I am expecting to get my H1B visa within coming 1-2 months. But 2 weeks back my employer downsized and hence I am without job as of now. But they i.e employer told me that they won't be cancelling my H1B since they might rehire me and for my conveniece in getting in any job.

So now till what time frame should I get a new job so I am still legal to stay in US and work. Would previous H1B application help me in any way ( i.e. regarding cap number since I am already on INS system). My case is very different and I really need feedback. Would really appreciate if someone can respond.

Thanks & Regards,
SR
 
As far as I'm aware from other postings (I'm not a lawyer), if you never work for the company sponsoring the H1-B, then the H1-B is not "activated" (my term--I don't know the legal one). The H1-B "belongs" to the sponsoring company, not you. In order to change jobs and sponsorship, you'll need to show pay stubs from your first H1-B employer.
 
h1-opt

Thanks for the response.
May be u r right, so in that case my question is when the new employer files for my H1b and if the 2005 cap is over, would I be affected by the cap. Or since I would have a H1B visa application is already filed by previous employer and i am already in the cap it wont affect me. Would appreciate your opinion.
Regards,
SA
 
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