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What happens if you're laid off before your H-1B start date?
If you’re on OPT and your H-1B was approved through the lottery — but your employer withdraws your petition before October 1st, your change of status never happens.
That means:
You’re no longer counted in the lottery
You lose your chance at H-1B status
You may be left with no valid status in the U.S.
In this episode, immigration attorney Sameer Khedekar breaks down:
Why you should always apply for STEM OPT (even if you're picked)
What to do immediately after layoff
Whether you can convince your employer to delay the termination
What schools can do to help preserve your OPT
If you’ll have to go back into the H-1B lottery next year
📌 If you’re in this situation or know someone who is, watch this ASAP.
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DISCLAIMER:
Any information we provide on this forum is not legal advice and there is no attorney-client relationship between you and the individual answering your question. The answers may change based on the specific facts and circumstances of your situation. For specific advice on your situation, please contact an attorney immediately.
Disclaimer:
These discussions, shows, or materials are intended solely for general informational and community benefit purposes. They do not constitute legal or professional advice. Laws and regulations can vary and change over time, and individual situations can differ. You should seek qualified legal counsel or other professional advice for specific guidance regarding your unique circumstances. All information is provided on an “as is” basis, without express or implied warranties or guarantees. The host of this channel is not an immigration lawyer.
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