***Stuck between OPT and H1B Situation - Please advice***

[akd]

Hi

I graduated in december 2015 and started working as a fulltime employee with a company in Jan 2016. My employer sponsored my h1b visa and it got picked and approved. Now my job situation is not good and there is a possible layoff before October 1st(H1B Kickoff date).

My question is, as my h1b is approved and if I lose the job before october 1st, will I still be eligible for STEM-OPT Extension with a new employer ? If so, please advice if I can apply for extension by end of september or I'm already late on that(my initial opt end date is jan 11th 2017).

Any advice is appreciated.

Thanks

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[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...59144287436269 16th Sept - Please review comments from other users

[DesiOPT-FaceBook-Fan]

Ok first thing, once we reach October 1st, u will no longer be on F1 to go ahead with the thought of STEM OPT. Stem opt is part of F1 and since your H1 is approved, you should know tht your h1 petition includes your change of status (COS) application too, which has also been approved .
Bottomline, u cant go back to STEM as you are now in your Cap Gap till Sept 30 & going back to a F1 status would be losing your H1. Dont stress, look for a new opportunity. Good luck

[DesiOPT-FaceBook-Fan]

You have one best thing is you can ask your employer to with draw their petition before October 1st start date and you apply for opt stem through new employer.. as you mentioned graduated in December 2015, still you have 4 months of OPT so you would not be in cap gap.
You would have tried applying h1 B cap exempt petition with new employer before withdrawing but you have no time now..
Which would be 50-50 chances to get transfer approved before start date.

Just a suggestion .

[lisaanderson]

Hi

I graduated in december 2015 and started working as a fulltime employee with a company in Jan 2016. My employer sponsored my h1b visa and it got picked and approved. Now my job situation is not good and there is a possible layoff before October 1st(H1B Kickoff date).

My question is, as my h1b is approved and if I lose the job before october 1st, will I still be eligible for STEM-OPT Extension with a new employer ? If so, please advice if I can apply for extension by end of september or I'm already late on that(my initial opt end date is jan 11th 2017).

Any advice is appreciated.

Thanks

Unless the H-1B is withdrawn, your status will change to H-1B on October 1. Your best option is to find another employer immediately and have them transfer your H-1B.

If you want to stay in F-1/OPT status, you must have the employer withdraw the H-1B petition and you need to talk to your DSO about keeping your SEVIS active after
September 30 (it’s most likely set to terminate on September 30 because of the H-1B being approved). You can then file the OPT extension if you can find an employer who has E-Verify.