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Thread: What happens when my H1B/RFE is rejected, can I go back to OPT?

  1. #1

    What happens when my H1B/RFE is rejected, can I go back to OPT?

    I have completed a certification program (bachelor level) and observed 1 year OPT. Now I am studying a master level program (1st masters) and observing Day 1 CPT from a university in Kentucky. I am graduating on Aug 19, 2019, and would apply for OPT 3 months before (June 19) graduation. My employer wants to file my H1B (April 19).
    I am afraid that my OPT will be rejected if my H1B gets picked in the lottery since there will be a change of status. Moreover, I am afraid to lose my OPT over H1B which Im 100% sure I will get an RFE as Im working for a Desi-Consultancy and the results would be unknown.
    Please guide me if I should apply for an H1B or NO with reasoning. What happens when my H1B/RFE is rejected, can I go back to OPT?

  2. #2
    Your message was posted anonymously on our https://www.facebook.com/desiopt1/posts/2408567719160583 on 9th October - Please review comments from other users

  3. #3

    If you are on working using your OPT and have applied for H1b; you wont loose your OPT if H1 gets denied.

    Quote Originally Posted by DesiOPT-FaceBook-Admin View Post
    I have completed a certification program (bachelor level) and observed 1 year OPT. Now I am studying a master level program (1st masters) and observing Day 1 CPT from a university in Kentucky. I am graduating on Aug 19, 2019, and would apply for OPT 3 months before (June 19) graduation. My employer wants to file my H1B (April 19).
    I am afraid that my OPT will be rejected if my H1B gets picked in the lottery since there will be a change of status. Moreover, I am afraid to lose my OPT over H1B which Im 100% sure I will get an RFE as Im working for a Desi-Consultancy and the results would be unknown.
    Please guide me if I should apply for an H1B or NO with reasoning. What happens when my H1B/RFE is rejected, can I go back to OPT?

    f you are on working using your OPT and have applied for H1b; you wont loose your OPT if H1 gets denied.

  4. #4
    Thank you for your response, Riddhi Shah. I understand I can go back to OPT if my H1 gets denied. But my concern is I would be applying for an OPT while my H1 gets picked up in the lottery and pending approval. Will the USCIS reject my OPT application since my SEVIS would be updated with H1B Lottery info.

  5. #5
    Check with your DSO; they will know the correct answer

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