Laid off or change jobs during OPT?
During the OPT period, you have lots of freedom to operate with. There is a 90-day unemployment period during which you can change jobs freely (as long as they are related to your major).
- If you are laid off, just actively search for new employment and report it to your school once you find a new employer.
- As for calculating and reporting the unemployment period, USCIS knows what to do. Since your OPT I-20 is issued by your school, USCIS will listen to your school. You are required to report any changes in employment status to your school during the OPT period, and the school will submit a report to USCIS based on your information.
- When reporting to the school, you do not need to provide an offer letter or special proof. You can simply fill in the school system’s employment start and end dates. Since OPT can be an internship, especially in the first year, and even an unpaid one, most schools will trust you and report to USCIS accordingly.
- When it comes to STEM-OPT Extension, it is more complicated because you need to submit the I-983 form to your school. The I-983 form requires you to provide details about your job content and other specifics, but this is only for the school’s reference. When the school reports to USCIS, they will only report one status, which is “We have checked the employment status of this student and it complies with the regulations”. USCIS does not know what specific work you did or need to know.
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Tips: During OPT and OPT Extension, the start and end dates of your employment are not strictly monitored, and you can generally fill them in by yourself. The only problem is if you encounter any issues in the future, such as applying for H1B or applying for a green card, and encounter a strict officer who questions whether you were legal during your time in the US, you need to be able to prove that your OPT usage was legal and reasonable. How to prove it? Keep your offer letter and pay stubs.
Laid off or job change during OPT when H1B’s just approved?
This is a trickier situation, but it is not impossible given the recent wave of layoffs. The key is to wait until October 1st when H1B takes effect before taking any action.
The H1B application is usually submitted in March, and the results are usually available by April 1st. Then there is the process of filing and responding to RFEs. If everything is approved, the H1B will automatically take effect on October 1st.
If:
- The company submitted your application, and you were selected, but if you were laid off or left before the May filing deadline, the H-1b selection won’t help, the company will not file for you.
- If you were laid off or left during the review period after filing, your previous company may revoke your H1B support, and the situation will be the same as above.
- If your H1B application is approved, usually around July or August, do not leave on your own. In the unfortunate event of termination, a more compassionate company may allow you to take FLAM or unpaid leave. You can negotiate this as part of your severance package with HR. If you can wait until October 1st, your H1B will automatically become effective, and you can then use an H1B transfer to find a new job without going through the lottery again. However, there is some risk involved if you transfer immediately after October 1st because you will need to provide evidence, such as pay stubs, to USCIS proving that you maintained legal H-1B status in your previous job.
- Is it possible for an H1B transfer to be denied? Yes, there is a possibility. If your transfer is denied, it is the same as being denied for an initial H1B application, and you will need to arrange to leave the country as soon as possible. It is recommended to get approval for an H1B transfer before resigning from your current job to prevent this situation.
If you have lost your job, whether it’s during H-1b, F-1, or Perm, and still want to stay in the U.S., you can always go back to school on CPT and look for work.
This is no legal advice, please consult a lawyer for your needs!