After three years of not being selected in the Master’s H-1B lottery, my friend was finally chosen this year—only to be laid off right before the results were announced.
Just wanted to share some information I came across: if you’re thinking of using FMLA to delay a layoff, note that if the layoff is confirmed before you apply for FMLA, even an approved request won’t prevent it. However, in cases of PIP (performance improvement plans), combining FMLA and STD (short-term disability) may help buy more time for job searching.
Given this situation, do you think Day 1 CPT is a viable path forward for him?
That’s such a tough situation — finally getting picked in the H-1B lottery after three years, only to be laid off right before the results… it’s heartbreaking. Thank you for sharing that FMLA insight too; it’s really helpful for others navigating tricky timelines. The point about FMLA and STD in the context of a PIP is especially smart — definitely worth considering as a short-term strategy.
As for Day 1 CPT, yes, it could be a viable path forward if your friend wants to stay in the U.S. while maintaining F-1 status and continue working. It’s often used by people who need a quick fallback to avoid status gaps, especially after a layoff or when their H-1B petition comes with an I-797B (without change of status). The key is choosing a credible school with a legitimate program that aligns with their background and career goals — ideally one that won’t raise red flags during future immigration filings.
That said, your friend should also speak with an immigration attorney to weigh the long-term implications (especially for future H-1B transfers, green card filings, etc.). It’s all about balancing short-term survival with long-term strategy.