:( laid off on F1/OPT .... H1b options

manju111

New Member
:( Guys i need your help!!!

I got laid off while working on F1/OPT for Company A for half a year.

I received H1B petition approval for Company A a couple of months ago, but I never left the US to get the stamp at the consulate at home and did not do COS in US.

My questions:
- Can I do the transfer of my H1B from Company A to B, even though I never worked on H1B and I am still in F1/OPT status?
- In case it is too late for the transfer I intend to stay on F1/OPT for the remaining part; when I find an offer from Company B to sponsor a new H1B petition, am I subject to the 2010 cap quota or am I waived because I was already approved for H1B for Company A in 2008/09?
- Is this correct: If I'm not subject to quota, my H1B can start anytime and I don't need to wait till Oct 1, 2009.

Thank you so much!
 
Yes, you are cap counted and not subject to it anymore.
You can only be unemployed on OPT for 90 days, so make sure you reported your dates of employment and unemployment to your school to make sure you maintained F1 status.
 
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