H1b - Termination vs LOA??

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.
 
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