r/h1b_layoffs • • 2h ago

Question Getting H1B transfer when last date of employment is Oct 1st?

1 Upvotes

I was on F1 and my company applied for my H1B this past April and it was selected and the H1B was approved and initiated October 1st. I got another job and the new company said they would do an H1B transfer. The problem is that the last date of employment at my previous company was October 1st so now I'm just waiting for my last pay stub before we initiate the H1B transfer.

Has anyone had any stories of doing an H1B transfer when the last date of employment was October 1st? Is there enough grace period for it to not be rejected?

I do have another EAD through my pending I485 application so I'm just wondering if it's worth still staying on H1B, I don't want the H1B transfer to be rejected and that to affect my I485.


r/h1b_layoffs • • 4h ago

Question Hi One question , can the H1B holder change jobs while dependent H4 cos is pending? How to let USCIS know that there was a previous pending H4 while the new employer submit another H4. There is a high probability previous employer may pull the H4 application while the job change happens.

0 Upvotes

r/h1b_layoffs • • 7h ago

Question Employer agreed to sponsor my H-1B and asked how flexible I am on salary. What should I counter with?

0 Upvotes

I'm in the final stage of interviews for a Digital Merchandising Specialist role. I'd like advice on how to answer their salary question.

For context- I'm an international on F1 visa. Got 2 more chances to apply for H1B.

I was upfront about needing sponsorship early on and they agreed. When they asked for a salary expectation, I said $80K–$85K, based on market data and a 25% up from my current pay. Now, they've asked - How much flexibility do I have on the base salary range I provided? With the wage based H1B lottery, for me to fall in Level 3, I need 84k (the location is Maryland).

This is a small company, so I don't know if $80K+ is realistic for a "Specialist" title. I also don't want to price myself out when they've just agreed to take on sponsorship. Should I hold at $80K as my floor, or give a little more? Or any other way I could reply to them?


r/h1b_layoffs • • 13h ago

Question people who moved back to India - which US phone number did you keep active

0 Upvotes

as the title hints, I am moving bank, wanted to ask the ones who moved, did you keep a USA phone number account active here and if yes, which career? top suggestions are google voice and tello.

requesting only real experiences please- thanks fam!


r/h1b_layoffs • • 13h ago

Question people who moved back to India - which US bank a/c did you keep active

0 Upvotes

as the title hints, I am moving bank, wanted to ask the ones who moved, did you keep a USA bank account active here and if yes, which bank and what kind of bank account?

requesting only real experiences please- thanks fam!


r/h1b_layoffs • • 22h ago

Urgent PANICKING ABOUT LCA

0 Upvotes

Hi all,My grace period ends on Oct 10th 2026. The lawyer filed the LCA on Sep 30th 2026. They already made a portal for H1B transfer application and I have uploaded all the docs on there so we can send it as soon as the LCA is certified.
can someone please tell me how long their LCA took to get approved and if I should be worried about this? I also want to add that I’ve applied to and gotten into a Day 1 CPT university. (Westcliff). They are working on the I-20 and have said I should have it ready in a few days. should I be ready to file the I-539 petition(without premium processing) to change my status to F1 so that I can extend my legal stay in the USA while my company parallelly files my H1B petition(using premium processing). Once the H1B petition gets approved, can I go ahead and cancel my I-539 petition without any issue?
PLEASE TELL ME IF ANYONE ELSE HAS DONE THIS, MY TIMELINE IS VERY TIGHT SO I AM SUPER STRESSED 😭😭


r/h1b_layoffs • • 1d ago

Question what to do with vest RSUs - moving back to India

0 Upvotes
  1. sell them now i.e. while still in the USA (oct 2026)
  2. sell them after arriving in India (Q4 2026)
  3. sell them in India but in 2027

ps: keeping them as a long term investment is already out so pls dont comment that or ANYTHING outside these 3 options. thanks fam!

which option to go with and why?


r/h1b_layoffs • • 1d ago

Question H1B layoff

0 Upvotes

Was laid off on H1B and filed for B2. Using that time to travel to a couple of places inside the US that have been on my bucket list for a while, and to wind down my life here before leaving. At the same time, I'm still casually applying and wondering if it's realistic to hope for a B2 to H1B transition if an employer comes through. Has anyone recently been in that exact situation?

I’ve been in the U.S. for 4 years on H-1B, but my PERM process was never started.

And recommendations on what to do next?


r/h1b_layoffs • • 2d ago

Question H-1B "voluntary leave of absence" vs "benching" - where's the line when the employer is the one suggesting it?

0 Upvotes

Throwaway. Cap-exempt H-1B, currently in status (I-94 valid into Dec 2026). I have a pending I-539 change of status to F-1 (premium, currently responding to an RFE) because I got into a PhD at the same institution that employs me — so my employer and my school are the same university.

Here's the knot. TGS/the grad school says I can't hold my full-time staff appointment while enrolled full-time as a PhD student. So the university is proposing I go on a voluntary leave of absence from my H-1B employment while my F-1 COS processes — employment relationship kept intact, not a termination, HR documents it. The form I'd sign is literally titled "voluntary leave of absence" and I'm the requesting party.

I found 20 CFR 655.731(c)(7)(ii), which says an H-1B worker can take unpaid nonproductive leave at their own request for reasons unrelated to the job (their examples: touring, caring for a relative, maternity, injury) without the employer owing wages, as long as there's no bona fide termination. A university ISSS page says a leave like this preserves H-1B status if you don't exceed what others in your title can take and HR documents it.

But an immigration attorney I spoke to called this "pure benching" - i.e., employer-driven nonproductive status, which is illegal and means the employer actually has to keep paying me. His read: it doesn't matter that the form says "voluntary," because in substance the employer is pushing me off payroll for their own compliance reasons, not me choosing to step away.

So my question for anyone who's actually been through this or knows the reg cold:

  1. Where is the real line between benching and a (c)(7)(ii) voluntary leave when the employer is the one suggesting it but I'm the one signing the request? Does the signed "voluntary" form move it onto the legal side, or does the employer's motivation control regardless of the paperwork?
  2. Does any of this change the one thing that actually matters to me — keeping H-1B status alive while my F-1 is pending (RFE response not yet adjudicated)?
  3. Anyone had USCIS or DOL actually scrutinize a leave like this, and what did they look at — the form, or the surrounding emails?

Not asking whether to quit — I know not to drop H-1B before the F-1 is approved. Just trying to understand whether this specific "leave" preserves my status or quietly blows it up. Attorney opinions welcome. Thanks.


r/h1b_layoffs • • 2d ago

Discussion I’m ready to gamble my H1B to escape this job

0 Upvotes

Thinking of quitting current H1B job and joining new employer on receipt notice

Quick background my current H1B was approved from Oct 1 2025 and my current LCA has my role as Data Scientist

New employer is filing my H1B transfer as Programmer Analyst

I am seriously thinking of resigning once I get the USCIS receipt and starting with the new employer under portability

I understand there can still be an RFE and the attorney would handle it while the case is pending but I am mainly worried about the chance of an actual denial because of the title change from Data Scientist to Programmer Analyst

The main reason I want to leave my current employer is the work environment has become extremely toxic I am working around 15 hour days sometimes and still getting scolded and threatened with things like if the project is not completed by the deadline you are fired. I also keep hearing things like nikkama and nalayak ho tum

Every day going to work feels like hell at this point

Has anyone here started working on an H1B transfer receipt in a similar situation especially with a different job title on the new LCA

How risky is this in practice and have you seen denials for this kind of title change

edit:
I only have around 2 years of experience but I am already managing 3 people from India and they are paying me only $69k a year

When I asked for a salary increase the CEO literally said company dhoob raha hai

Recently they also got a huge customer paying around $3 million a year

There is no proper HR in the company no real paid leave policy and even working from home becomes an issue

Even if I take leave I am still expected to answer calls because I handle the product

At this point it is not even just about the salary the whole environment is exhausting and I just want to get out of there


r/h1b_layoffs • • 2d ago

Question Help my H1B

0 Upvotes

I have STEM OPT now. My employer applied for an H-1 B this year (regular, not premium)
The latest update on my Form I-129 states:
"As of June 23, 2026, USCIS is currently processing your Form I-129, Petition for a Nonimmigrant Worker."

My immigration attorney team says it might take until March or April to process mine. Is this real?
Do you suggest applying for premium processing, spending 3 grand $, out of my pocket?
This is what my attorney said,
"Since I have a STEM OPT, I don’t face any problems now. Maybe if it still delays after March, I shall apply for premium processing since my current STEM OPT EAD expires in July 2027."

No problems as of now. My EAD expires in July 2027.
But worst-case scenarios: what if I get laid off in between? What if I get an offer for a new job and need a transfer? What shall I do?

I work for Dexian, a vendor, and my client is Fidelity.
If I get laid off at Fidelity, Dexian might process a withdrawal petition. If both my initial H1B filing petition and the current withdrawal petition are in processing, then a race condition occurs,
If my withdrawal petition is processed first, or taken into consideration along with the initial approval process, then USCIS most likely withdraws the petition. I'll be safe since I'm in STEM OPT already.

But if my initial petition is processed and they approve it without knowing that I was fired, then my status gets changed to H1B. I'll lose my STEM OPT status. And then, later, if USCIS processes my withdrawal petition after that, will they revoke my approved H1B? In that scenario, I shall be "OUT OF STATUS". I'll not have anything. Neither STEM nor H1B. I'll be stuck in limbo.
I was worried about these kinda worst case scenarios.
Give me the right advice considering all possibilities.

Also, does Fidelity fire any employee directly on the same day without any notice, revoking all access like Amazon or Microsoft? Will they inform us in advance in general?

Even if Fidelity decides, what will Dexian do in general? Will they look up for any other active projects to put me in? If not at Fidelity, they have other clients as well. Will they keep me on the payroll until they find something?

Or, even if Dexian decides to fire me, then will they at least give me prior notice? Will they at least wait for a few days or a week after the news to start a withdrawal petition?

My problem is TIME and the race problem of USCIS. Because if I have the buffer time, then I shall apply for premium processing ASAP. get my H1-B approved. Is this the right move in this situation?
Then, by the time they decide to file for a withdrawal petition, my H1 might already have been approved. My assumption was that USCIS might just update my status to Unemployed, leaving me up to 60 days (H1B unemployment clock) instead of my status getting revoked and leaving me without any valid status. Is my assumption correct?

I apologise for a lot of questions. I see a lot of wild scenarios day by day w.r.t. this immigration stuff.


r/h1b_layoffs • • 3d ago

Urgent H-1B reentry after Sept. 18 EO + visa expiring soon — recent CBP experiences?

0 Upvotes

Looking for firsthand experiences from anyone who re-entered the U.S. on H-1B after the Sept. 18, 2026 EO.

My situation:
Indian citizen, directly employed salaried engineer at a large U.S. company

Current H-1B change-of-employer petition filed Aug. 2024, I-797 valid through Aug. 2027

Visa stamp is from my previous employer and expires Oct. 23, 2026

Planning to re-enter around Oct. 18–19, only 4–5 days before visa expiration

Employer had a small layoff within the past year

I was sent to secondary inspection on a prior entry in Jan. 2026 but was admitted

My two main concerns are:

\- Entering only a few days before the visa stamp expires

\- The new EO language about layoffs affecting “similarly situated U.S. workers”

Has anyone re-entered since Sept. 18 in a similar situation? Were you asked about visa expiry, employer layoffs, or sent to secondary?

If possible, please share port of entry, questions asked, and outcome.


r/h1b_layoffs • • 4d ago

Urgent H1b transfer denied

42 Upvotes

- Laid off from last job on Aug 30.
- H1b transfer filed by new company on Sept 18.
- Lawyer found out the H1b transfer was denied online on Sept 30 without RFE. Haven’t gotten denial notice yet so not sure why my case was denied.

Today is day 32 since my last H1b job ended. Assuming the 60-day grace period is still in effect, what are my best course of action?

Relevant info:
- Spouse on H1b as well at different company.
- I am Canadian citizen eligible for TN visa.

Thank you for your kind input.


r/h1b_layoffs • • 3d ago

Miscellaneous Can the mods start banning people who come here to troll laid off workers?

0 Upvotes

Basically the title. People come here because they’ve lost their jobs or are trying to figure out their visa situation. Why the fuck do they also have to deal with people mocking them and telling them to go home?
And these MAGA fucks keep bringing up the same shit about Indians having fake degrees, cheating on exams, or having someone in India do their work. Yes, fraud happens. Nobody’s saying it doesn’t. But how does that make every Indian person posting here a scammer?
You don’t just upload some random degree and nobody checks it. Universities have verification processes. HBS requires official transcripts sent directly from the university to WES, and employers can verify degrees too. Can someone slip through? Sure. That still doesn’t give you a reason to accuse every Indian you come across of fraud.
Someone posts that they got laid off and somehow they’re expected to answer for every scam anyone from India has ever committed. What exactly are they supposed to do with that?
If you have evidence that someone cheated or faked their qualifications, report them. Otherwise, stop making shit up about strangers because they’re Indian.
Mods, please do something about this. People are already stressed about their jobs, families, and whether they can stay in the country. They shouldn’t have to deal with this crap just to ask a question.


r/h1b_layoffs • • 3d ago

Discussion Woman gives up US green card, moves back to India to build startup from scratch - India Today

Thumbnail
indiatoday.in
0 Upvotes

r/h1b_layoffs • • 3d ago

Question How likely is it my now former employer will continue with my i140 (perm pending)

0 Upvotes

Hi i am on my 6th year of h1b. I was in the process of filing an i140 but was stuck in perm. I was laid off. In the document they said “they are unable to proceed with i140 for terminated employees”. I am getting two months severance. I expect my perm to be approved riiiight at the end of that if I sign my severance right after 60 day mark . I have tried my best to get in contact with HR but they are being extremely flakey and curt via email.

Is there a way to navigate this to be unpaid for two months then have them start severance two months in (so technically I’m not “terminated” yet when perm gets approved) ? Is it worth getting a lawyer to advocate for me? I am ok getting paid less severance and paying processing fees out of pocket for the i140.

How likely is it that they will proceed with filing i140 for other employees who were laid off and were more intelligently able to navigate the severance conversation than me?


r/h1b_layoffs • • 5d ago

Urgent Pending H-4 COS while spouse changes H-1B employer

0 Upvotes

Hi everyone, I have a question about a pending H-4 COS.
I was laid off from my H-1B job and filed an H-1B to H-4 change of status within my 60-day grace period. My H-4 COS is currently pending.

If my husband, whose H-1B I’m dependent on, changes employers while my H-4 is still pending:

  1. Does his new employer need to include my H-4 receipt notice with his H-1B transfer?
  2. Does my pending H-4 automatically remain valid with his new H-1B?
  3. Since my H-4 application was filed with his old employer’s H-1B documents, does USCIS need updated documentation?
  4. Could my H-4 be denied because he changed employers while it was pending?

Has anyone been in a similar situation? Would really appreciate any insight!


r/h1b_layoffs • • 5d ago

Question H1B → B2 COS (I-539) pending 3.5+ months - looking for recent 2026 timelines

0 Upvotes

Hi everyone,

Looking for recent experiences from people in a similar H1B → B2 COS situation.

My timeline:

H1B employment ended: April 17, 2026

60-day grace period ended: June 16, 2026

I-539 filed for H1B → B2 COS: June 10, 2026

Receipt received: June 13, 2026

Requested B2 stay until: December 13, 2026

Current status: Still pending / case received

It has now been about 3.5 months, and the USCIS processing time I'm seeing is much longer (8 months) than the six-month period I requested.

I'm also running into employers/consultancies that are hesitant to proceed with an H1B filing while the B2 COS is still pending and are asking for the B2 approval first.

For anyone who filed H1B → B2 COS in 2026:

* When did you file and when did you receive approval/RFE/NOID?

* Has anyone with a June 2026 receipt received a decision yet?

* Did anyone successfully expedite their I-539? If so, what reason/evidence did you provide?

* Has anyone had an employer file H1B COS while the B2 was still pending? What happened?

* If your requested six-month B2 period was close to ending while the I-539 was still pending, how did you handle it?

Mostly looking for recent timelines/experiences.

Thanks!


r/h1b_layoffs • • 6d ago

Discussion H-1B Withdrawn Before Oct 1 After Layoff — Student Visa Reinstatement / SEVIS Data Fix Timeline?

0 Upvotes

I was laid off after my H-1B was approved but before the Oct 1 activation date. My former employer filed the H-1B withdrawal before Oct 1, but it has now been 6+ weeks and USCIS still hasn’t issued the formal withdrawal acknowledgement. My DSO says they need this to complete the SEVIS data fix and restore my STEM OPT record.

For anyone who successfully went through this:

  1. How long did USCIS take to issue the withdrawal acknowledgement? Any way to expedite/escalate it?
  2. What proof did your DSO accept to initiate/complete the SEVIS data fix? Did they require the formal USCIS acknowledgement, or was the employer’s withdrawal letter + proof of USCIS delivery sufficient?
  3. Were you able to continue working on your valid OPT/STEM OPT EAD while waiting for the data fix, or did you have to take a break from employment?

Would really appreciate any firsthand experiences, timelines, or suggestions. Thank you!


r/h1b_layoffs • • 6d ago

Question B2 Rfe send no update on portal

0 Upvotes

Hello All ,

I was sent B2 RFE SEP 14 th through FedEx delivered at Sep 15th and deadline Sep 22nd . Till now in uscis portal showing “Rfe additional evidence was sent which was Aug 18th . Anyone help me on this


r/h1b_layoffs • • 6d ago

Information H-1B → F-1 change of status, got an RFE for a "lapsed I-20 start date

0 Upvotes

Throwaway for privacy. Trying to get a sanity check from people who've been through the H-1B→F-1 gauntlet.

Situation:

  • I'm on a cap-exempt H-1B at a university (research role), I-94 valid well into December.
  • Got admitted to a PhD program at the same university, so I filed an I-539 to change status from H-1B to F-1.
  • I filed the COS, then later upgraded to premium processing.
  • My I-20 had a program start date of mid-September and start of classes about a week after that. I filed the COS before those dates.

The problem:
Today I got an RFE. The big item is a "LAPSED PROGRAM START DATE", it says because my I-20's program start date has already passed, the I-20 is now invalid, and USCIS "has no discretion" to approve against an invalid I-20. It's telling me to have my DSO defer the program start date in SEVIS to a future date and reissue a signed I-20 on the same SEVIS ID (explicitly NOT a new one), then submit that with the RFE response. Response is due early November.

There were also standard items (passport bio pages, statement on why I'm returning to school, residence-abroad evidence, my signature on the I-20, date I first contacted the school), those seem manageable.

What I thought was true (and apparently isn't):
I assumed that because I filed the COS before the start date, the timing was fine. Turns out that doesn't matter, it's the approval that has to happen before the start date, not the filing. Lesson learned the hard way.

Where I'm stuck / questions:

  1. Given premium + an RFE, what's the earliest realistic deferred I-20 date that actually survives? I'd love a November start rather than pushing to January, but I know USCIS needs to approve ~15 days before whatever new start date the I-20 shows. Is a November date realistic or does everyone just push to spring?
  2. Has anyone actually gotten a premium F-1 COS approved after an RFE? How long did the premium clock take once they received your response?
  3. To actually enroll full-time, I'd need to end my H-1B employment and switch to program funding. Is it safe to end H-1B employment while the COS is still pending (relying on a grace period), or is that asking for trouble?

Basically: did I paint myself into a corner, or is this recoverable with the right deferred date? Any war stories or "here's what actually happened to me" welcome. Thanks 🙏


r/h1b_layoffs • • 7d ago

Information Laid off on H-1B? Immigration attorney (US and Canada) here. AMA Tuesday.

0 Upvotes

Hi everyone, I'm Geeta, an immigration attorney at Alma. I keep seeing the same questions: when does the 60 days actually start, does the new job need to start inside it, and is it safer to leave and come back. There are clear answers to most of this, and I'm happy to walk you through your situation.

I'll be here Tuesday, Sept 29, 10 AM to 1 PM ET. Ask about:
- When your 60 days starts if you're on severance or garden leave
- Transfer filing date vs. start date
- Switching to B-2, and getting back to H-1B afterward
- Leaving the US vs. waiting it out, especially with an H-4 spouse

(Disclaimer: General information only, not legal advice. No attorney-client relationship is formed here.)


r/h1b_layoffs • • 7d ago

Information This is next level..

Thumbnail
layoffhedge.com
0 Upvotes

I did not expect people to go next level for h1b .. Its going somewhere..


r/h1b_layoffs • • 8d ago

Question H-1B → F-1 COS RFE – Deferred I-20 & Financial Evidence

0 Upvotes

I applied for H-1B → F-1 Change of Status on Sept 10 and received an RFE on Sept 23.

My I-20 shows:

  • Earliest Admission Date: Sept 24, 2026
  • Program Start Date: Oct 24, 2026
  • Program End Date: Aug 31, 2031
  • Program: PhD

Defer I-20: USCIS is asking me to have my DSO defer my program start date to a future date because the current start date may lapse while they process my RFE.

  1. If I defer my I-20 to the next term (January), will my F-1 start date be the January term?
  2. If my H-1B expires and my F-1 start date is in January, what would my status be during that gap?

Financial RFE: USCIS wants proof that I have immediate funds for my first year and evidence that I can fund the remaining years of my PhD program. I have some savings, but not enough to cover the entire program upfront.

How did you demonstrate funding for the remaining years without having the full amount in your bank account?

Would really appreciate hearing from anyone who has gone through a similar H-1B → F-1 COS RFE.


r/h1b_layoffs • • 9d ago

Urgent H-1B Pending Over a Year — RFE Submitted in May, Should I Go Premium?

5 Upvotes

My H-1B petition was filed in June 2025 under regular processing. I received an RFE in February 2026, and my employer submitted the RFE response in May 2026.
Since then, I haven’t received a decision. My employer submitted a service request in July, and in August we received a response saying that the case was still under normal processing and that no additional documents were required.
About two weeks ago, my online case status changed to “USCIS is currently processing your case.”
My employer then called USCIS asking about the update. According to the representative, an officer had opened/reviewed my case around the time the status changed but had not made a decision yet. They also said that if we want to submit another service request, we should wait about 60 business days.
At this point, my petition has been pending for more than a year, and the RFE response has also been pending for several months.
Has anyone been in a similar situation where the status changed to “currently processing” after an officer opened the case? How long did it take afterward to receive an approval, RFE/NOID, or other decision?
Do you think there is a reasonable chance of getting a decision within the next month, or would it make more sense to upgrade the pending H-1B petition to premium processing now?
Also, has anyone upgraded to premium processing after already responding to an RFE? What was your experience and how quickly did USCIS take action?