Laid Off During OPT, H1B, and PERM Processes? How Could Day 1 CPT Help You?

As an international student who wishes to develop a career in the U.S., you may face many difficulties, one of which is keeping your immigrant status active. In most cases, Day 1 CPT can be a viable option during your challenging times. In most cases, Day 1 CPT and Day 1 CPT universities as an option might be able to help you through the most desperate times. Emergency enrollment to a Day 1 CPT university can help you keep your legal status. And Day 1 CPT programs provide CPT authorizations that allow you to continually work in the U.S.

Are you currently facing legal status issues? Curious about whether Day 1 CPT can help turn your situation around? Schedule a free consultation with our expert here.

Managing Changes in Employment Status During OPT

Firstly, it is important to note that OPT permits a 90-day unemployment grace period, within which time you may freely transition to a new job, provided that the new position is closely related to your field of study as well. As such, if you got laid off during your OPT, your foremost priority should be actively seeking out other employment opportunities. Once a new role is secured, you are required to notify your school and update your OPT records.

Your university serves as the primary point of contact for the USCIS (United States Citizenship and Immigration Services) regarding the calculation of your unemployment period and your employment record. During your OPT, it is of utmost importance to keep your school apprised of any changes in your employment status. This information will be consolidated by your university and subsequently reported to USCIS. Getting approved for an H1B but then getting laid off or changing your job before the start date of your H1B can be a tricky situation.

Generally, proof of employment, such as an offer letter, is not necessary for OPT. Instead, you simply need to provide details of starting and ending dates of each job/internship on your school's system. Given that OPT is primarily intended for internships, including unpaid ones, schools typically rely on the information provided by their students when reporting to USCIS. They trust you for the information you provided.

The STEM OPT extension entails an extra step, the submission of an I-983 form to your school. This form requires detailed information regarding your job responsibilities, income, and so on, though this is purely for your university’s own record-keeping and review.

When your school reports your employment status to USCIS, they provide a summarized statement based on the information you provided to them. The statement shall confirm your compliance with relevant regulations. Specific details regarding your job are usually not submitted to USCIS and are, in most cases, unnecessary.

Navigating Job Changes Between OPT and H1B  

Dealing with the possibility of being selected for an H1B during OPT but then being laid off or changing jobs before it becomes effective can be a tricky situation. The key thing to keep in mind is that once you are selected for the H1B, you must wait until October 1st when it becomes effective before taking any action.

• If you are selected for an H1B but are laid off or choose to leave the company before the USCIS filling deadline, then the H1B selection is meaningless since the company has not yet filed the H1B petition for you.
• If you are laid off or change your job during the review period after the H1B filing is completed, then your previous employer may revoke its petition for your H1B, leaving you in the same situation as described in the previous case.
• If your H1B application has been filed and approved,then it is in your best interest not to leave the company before October 1st. However, if you are unfortunately laid off during this period, you may try to argue with your HR and convince them to let you stay as an F-1 student or work as an unpaid intern until your H1B becomes effective on October 1st.

Once your H1B becomes effective, you can use it to transfer to a new employer without having to go through the lottery process again. However, it is important to note that transferring your H1B immediately after it becomes effective on October 1st still carries a certain level of risk.

When applying for an H1B transfer, you will need to provide evidence such as pay stubs to prove that you maintained legal H-1B status in your previous job. Technically, you may start the H-1B transfer process on October 1st; however, it is better to apply for an H-1B transfer after you have received 2-3 pay stubs from the previous employer that sponsored your H-1B.

It is possible for an H1B transfer application to be rejected by USCIS, in which case you will need to arrange to leave the country as soon as possible because your previous H1B status has already expired, and your new H1B has not yet become effective. It is generally recommended to wait until you have received approval for an H1B transfer to a new employer before resigning from your current job to avoid this situation.

What does it mean if I get laid off after submitting PERM?

The typical procedure for applying for a green card is PERM->I-40->I-485. PERM applications can be approved in approximately 6 months, although currently, the processing time at the immigration office seems to be longer. If you are terminated or leave your job during this process, you forfeit your chance. I

If you find another job, you can start the process again with PERM, and your employer will need to assist you in submitting I-140 and PERM, both of which are linked to your employer. If you are terminated or leave your job at this point, you will need to begin anew with PERM, and your new employer cannot continue to apply for I-140.

Once I-140 is approved, you can lock in your PD, and if you change jobs, you will need to reapply for PERM, but you can retain your PD.

If you are an H-1B visa holder and have been approved for I-140 but have yet to submit your I-485, you can apply for an H1B extension to prolong your stay for another 3 years. If you change jobs or are dismissed while holding the extended H1B, you can transfer the H1B, but you will need to restart your green card application process. Additionally, if your I-140 is approved for less than 180 days, your employer can revoke it, and your H1B extension will not be granted.

If you have submitted the I-485, you can change your job 180 days after your submission, but the job position, duties, and salary should be similar to your previous job. The new employer needs to submit an I-485J form for you, to prove that the new job is similar to the previous one. If these conditions are met, and the immigration office has received the I-485 application for over 180 days, you do not need to go through the immigration process again, and changing jobs will not affect your green card application.

Sounds very complicated, right? There seem to be opportunities for making mistakes at every turn. The bottom line is: If your employer promises to help you apply for a green card, try not to change jobs, or be fired until after submitting I-485.

*Please note that the information provided above is intended solely for knowledge sharing and based on personal experience, and should not be construed as legal advice. For any legal concerns or inquiries, we strongly advise seeking the professional counsel of a qualified attorney.