H1B Termination on OPT

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gcebphd

Registered Users (C)
Hi,

Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

2. Should i ask for a job offer later stating a new hire date of Oct 1st?

3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

Will appreciate any feedback on my 3 questions/concerns above - than ks.
 
gcebphd said:
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

2. Should i ask for a job offer later stating a new hire date of Oct 1st?

3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

Will appreciate any feedback on my 3 questions/concerns above - than ks.
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Employing you or not is on employer's discretion. I don't see any problem if they will rehire you on Oct 1. Furthermore, you can not work between April and Oct, so why do you want to keep the job during this period while they are saying they will rehire you in Oct.
 
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