H1B or F1-OPT+ f1-OPT Extension+ H4-EAD

[sharma.noopur15]

I graduated in december 2015 and My OPT started in January, got a job with a "Product based + consulting organisation". They hired me for the product which they have, they applied for my H1B and it was picked in April under regular processing showing the same product which they develop and have several customer for the same product, due to less growth of the product, they placed me on bench from August 2016 and started marketing ,searching some jobs for me on Corp to Corp basis, They were not paying me during bench as I am on first 12 months of OPT, where they can skip my pay, they have not yet revoked my H1B and its still in Approval Process.

Now I got a full time job from an employer, who is only willing to recruit me on F1-OPT, they are also willing to do my F1-Extension,and latter is allowing me to come on H4EAD as my Husband's I-40 got approved recently. They are not willing to transfer my H1B at any condition.

if I get my H1B expedited by paying for Premium processing and getting approval, getting all documents, and then get my H1B revoked, do I come back on F1 directly with OPT or I have to request for another transfer and OPT again.

or I should get the H1B revoked now, continue on F1-OPT+ f1-OPT Extension+ H4-EAD

I am not understanding what should I do, I have to make my decisions very quickly as I have to accept offer in a week.Please suggest what should I do in this situation.

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[lisaanderson]

I graduated in december 2015 and My OPT started in January, got a job with a "Product based + consulting organisation". They hired me for the product which they have, they applied for my H1B and it was picked in April under regular processing showing the same product which they develop and have several customer for the same product, due to less growth of the product, they placed me on bench from August 2016 and started marketing ,searching some jobs for me on Corp to Corp basis, They were not paying me during bench as I am on first 12 months of OPT, where they can skip my pay, they have not yet revoked my H1B and its still in Approval Process.

Now I got a full time job from an employer, who is only willing to recruit me on F1-OPT, they are also willing to do my F1-Extension,and latter is allowing me to come on H4EAD as my Husband's I-40 got approved recently. They are not willing to transfer my H1B at any condition.

if I get my H1B expedited by paying for Premium processing and getting approval, getting all documents, and then get my H1B revoked, do I come back on F1 directly with OPT or I have to request for another transfer and OPT again.

or I should get the H1B revoked now, continue on F1-OPT+ f1-OPT Extension+ H4-EAD

I am not understanding what should I do, I have to make my decisions very quickly as I have to accept offer in a week.Please suggest what should I do in this situation.

If your H-1B is approved, you may not be able to come back to F-1 OPT status. Also, if the employer tries to revoke the H-1B, it may be too late as USCIS will most likely not get the revocation until after it approves the H-1B.

If you really want to remain in F-1/OPT status, then leave the country right now while your change of status is pending. This should automatically abandon the change of status request. In this way, you can re-enter using the F-1 visa and continue to use the OPT.

Speak to an attorney ASAP.