F1-H1B Temporary Termination.

[sakflorida 0]

Hello All,

I am stuck in a very painful scenario right now. I am working on F1-OPT which ends on Feb 5th 2011 and have a pending H1-B application under premium processing. The thing is my employer says that they will terminate me on Feb 4th and cannot guarantee a rehiring even if H1-B is approved.

My employer needs to know if there is something (legal) like temporary termination and rehiring ? If yes then what does the employer need to do to rehire. And is there any documentation about this. My employer wants to check this documentation before reconsidering.

Any inputs would be appreciated.

Thanks

sak.

[Harsh_77 718]

Never heard of anything like that, but you would need some status after your Opt expires. check with your school if you can stay in country after Opt expires.

[sakflorida 0]

well i can stay in the country for 60 days but i cannot work until my h1 is approved. my lawyer says the compnay can temporarily terminate and rehire, but the company HR is not ready to listen or they kind of hesitant in going that way. they dont know the impact or consequences (if any) of rehiring especially an international.

[Harsh_77 718]

Yea you have those 60 days to pack up your stuff and close all the lose ends. You cannot work that is true, I am assuming that the same company has filed for your H1 with whom you are working now, why would their HR not want to hire you after they have spent all that money on processing your H1.

[missaero 7]

I'm not sure if it applies, but there is a Cap Gap extension to bridge between F-1 OPT and H1

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

[missaero 7]

Also listed in there is a STEM extension. If your degree is part of an approved list and your employer participates in E-Verify, then you can apply for a STEM extension on your OPT which gives you 17 more months also. You are also able to work for another employer if you wish on OPT but be wary of any unemployment time as this counts against you.

Point is, be sure your employer is aware of the Cap Gap extension at the very least. Hopefully you can use it and you will be fine.

[Harsh_77 718]

Something that stands out in this case - your H1 should had been approved by this time.

You have one year on OPT and normally that time is enough for your applying your H1 and hearing back from USCIS.