Thread regarding Oracle Corp. layoffs

H1B transfer for people laid-off during cap-gap (no WARN)

I was affected during the lay-off on August 3, 2017 without any WARN. I had my H-1B selected and approved in June 2017. The petition has not been withdrawn yet from USCIS. I also have my STEM EAD valid till July 2019. The immigration team at my new employer is not sure what to do in this situation. Can people with similar experience give suggestions? Please comment only if you have personally been through this or know someone who has been. Thanks in advance!

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Post ID: @OP+PCt2tDp

4 replies (most recent on top)

You are better advised to get not only one opinion, but opinions of a couple more attorneys. If the solution was apparent, the lawyers employed by your new company would already know it.

BTW, if your termination day was August 3, then for purposes of finding employment on H1B you have already lapsed your 60 day grace period. Has a new application of any kind been filed? If not you could be deemed out of status.

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Post ID: @1cgc+PCt2tDp

Is your h1 picked in lottery 2017?

If so your further petitions can be filed under cap-gap but for that you should have I797 from oracle

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Post ID: @kji+PCt2tDp

Yes I am consulting a private immigration lawyer. But I want to collect all possible options that people in similar situation know of.

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Post ID: @znt+PCt2tDp

You should really be talking with an immigration lawyer not a bunch of random people on an "anonymous" forum.

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Post ID: @xmn+PCt2tDp

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