Hi Everyone!
My H1B is starting from october, whereas i am still on my OPT which started from July 2007 and is valid until June 2008. If My employer cancel my H1B now, what will be my Status from Oct 2007- June 2008? Will I still be on OPT because my H1 Gets cancelled before Starting? Or, I will Loose my OPT status too with cancellaton of my H1B?

Thank you In Advance
Nepali Thita

your OPT will be valid upto sept last so if your employer cancelled ur h1b. you will fall out of status.

you may go back to school with new I-20 after sept.

Your initial approval of H1B will automatically invalidate your status and time duration on your OPT. Once your employer withdraws you from beneficiary, you will automatically lose that stauts which you gained from your employer. Thus, in order to get your F1 stauts, you have to re-apply in your intended study of school. USCIS may/may not grant you another OPT after the completion of your study.

Hey Nepali Thita,

I actually have the same problem. My H1B got approved even though i was praying against it. I came to know abt the game these Indian Consulting companies were playing only after my application was submitted. I was so scared and panicky at the end of March abt not getting other sponsors, that i opted to go with this thing..well lets leave it at that.

Now, i just hate those people, I can't let my life hang in their messed up minds for the next 6 or more years. if I cannot trust my employer, then working for them is not an option. In the mean time, i have already found a not so high paying but a permanent job who is willing to sponsor me next year.

I sent a letter to the USCIS requesting to cancel/revoke my H1B and put me back on OPT which is valid till Jan 14, 2008. I never heard back from them, as i had anticipated. Then i called them and told them all abt my situation.The rep. at USCIS told me that they only communicate with the petitioner, not the beneficiary. Also, I would have to file a I-589 to get back to F1 status, and that transfer is not a guarantee.

So this October 1, If my application to change back to F1 status from H1B(which i never held) is denied, what happens to my status? I have no idea. Two different officers from USCIS have two different answers to this. One says i can go back to F1 from OPT without any problem, the other says that it is not a guarantee and if not approved i would have to go back home and apply for masters'.

well, that's my story, any advice/criticism/threats from H1B rejects would be higly appreciated

I was in a similar case. You will fall back to your OPT. Don't worry.

I dont think we will fall back in OPT, because our status would already been changed.... The thing will be we will be out of status and have to apply college the very next day.......


Nepali Thita

Why cancel H1? So many people I know are dying to get H1. Just be in good terms with your employer. Try to get a job by hook or crook.

You can still goto school on H1. In fact, you qualify for resident tuition under H1 after 1 year of being on H1.

If you don't trust your current employer, you can always transfer H1 to another employer. You need atleast two pay stubs.

Hi AP98,

How would we fall back to OPT. I'm quite confused. Both the immigration officers told me that i would be out of status on Oct 1. If what you're saying is true and there is a way to do that, could you please tell us.

The only tension that i have is, not being able to change my status to F1 to join a masters program and work in CPT. I will apply for H1B next year or the one after that.

To answer Moksh question: I would die everyday in the hands of that Indian Consultancy, so I decided to cancel my H1B. And i don't think there is any way to transfer H1B without actually working for that company.

Hi xx-nepal
I understand your concern and honestly i am in your situation too. My honest suggestion is better take the h1b now and apply for master programe for fall,2008 and at that point change ur status. I know indian kind of sucks cause they really care of penny and they will try to grind like anything but belive me if u r stronger against this and bit vocal then things can be bit better.My fren from mechanical worked in dataware house thorugh indian for 48K/year and he had a heated discussion with his employer after 6 month and now he is 70K/yr.We nepali don't prefer to work under someone esp. dhoti cause that is how we are and that is our nature but take my word u can turn the situation so better don't jeprodize ur oppurtunity and ur visa as atleast u can atleast make 1-2 semster tution fee before u decided to go for school.Just my suggestion..

I was in the similar situation last year, Let me give u brief history and you decide what is best for you.


My OPT started from July of 06, in july 06 i applied for H1 via one dhoti consulting company. But turned out the employer was not very ethical and they left me in limbo. After being fraustrated with their activities i decided to cancel my H1b application at the end of august.

I submitted a cancellation request of my H1 and to leave me on my OPT which was good until July 07. I submitted cancellation and went to work for another employer. In march of 2008 i received an H1 approval notice from INS with the same employer i had requested to get my H1 cancelled from. I was already with another employer by then but fortunately my new employer worked hard with his lawyer to get the approved H1 transfered to my new company. The new h1 got transfered without any paystubs and now i am in status in H1.


I was able to transfer my h1 because i think INS considered me not having any pay stub cos i never really worked for the first employer. So look at what happened to me and draw ur own conclusion.

I suggest u do not cancel ur h1 cos INS is so busy with other stuff that they charge fees for that they wont even look at ur request. Had my new employer no being able to transfer my h1 i would have been out of status today.

Your H1 will be effective from 1st of oct ( google last action rule in INS ) Until then you are allowed to work for anyone else and transfer your h1. Consult a good lawer cos this is complicated issue if u cancel ur H1. I am writing this cos i know how you feel. Goodluck

well i'm also working with dhoti company ... i started my first project few months back ... my job is very easy going and i'm learning a lot, however depends on ur attitude too . All you have to do is give little extra time for a month and everything will be alright. Regarding pay it's both win win situation i guess , and u need is ...to learn to be happy with what u have, after 6 months they will increase ur pay by at least 5 to 8 k a year ... which is good so i would say u will be making almost $65 to 70k a year ( my friend is still working with the same employer). it's just one year contract , can't u give just a year ??, they cannot play tricks with u after one year contract , u will be in a better position. Then u can apply anywhere.... but for one year , u need to have a strong patience and everthing will be fine. THIS IS MY THOUGHT, differs from person to person.

NJ Girl quit selling your " one year contract" crap here. Have u heard of " employemnt at will" and its illegal to make anyone work for u under bond in this country since they abolished contract.

The guy is in stress here and he doesnt have time to listen to ur crap.

hey NJgirl
can you tell me the process and how fast you found job through the indian company... i got my H1 thru them but have no idea about the job placement and salary. can you please explain it.. thanks

sidster,
i would have to admire for what you did. good going and good luck.

NJgirl,
patience is required but once should not be exploited either.

Nepali_Thita,
if you already have your H1-B approval. best thing to do is find another JOB. and have your H1-B transferred. pay that extra $1,000.00 for premium processing and try to get the receipt before OCT 15, 2007. [ and/or file before OCT 15, 2007]
this way you do not even need to submit any pay-stubs and it will be a simple case.

transferring and/or filing after Nov 1, 2007 will get tricky and you would need an expert in this matter. so have to get a good attorney and a good employer.

xx-nepal,
regarding your question. Opinion of second officer will prevail. if your H1-B petition is approved then it invalidates your OPT from Oct 1. Hence, you would have to apply for change of status and your college will not let you work on campus till you are back in F1 status. but, lets you enroll. if your case is denied you would have to go back to your home country and get visa and come back. so, east thing to consider might be just go back home with I-20. apply for your visa and come back.
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as always,
what do i know (O:

SDLA ...It took me almost 3 and half months .... including 15 days training. U will be fine, all the best.

SIDSTER: well i am working and doing good so why should i bother bout other things now, at least i'm getting experience with decent salary and my project contract is almost 2 yrs, i don't care bout dhoti ko year one contract ... it was me who was willing to take ... they didn't force me. Well depends on situation ...at least one option was open for me rather than not getting job at all. I did work 3 months in a financial company but when almost april was approaching , they were not willing to file H1 for me ... so i had no other options. So , I took the wrost option and i was confident that i can do it.... that's my stroy ...

sidster,

Could you please give me that name and contact of your lawyer, it would help me a lot.

Dear all,

Thank you so much for your input.
As for me, i would prefer to back to school this october, if i cannot transfer my H1b, and work on CPT. That is my best option.

Going back to nepal and reapplying for F1 sounds risky. Is there any other way to go about this?

any help appreciated.

Could someone refer me to a good lawyer in DC-metro area.
PLEASE...

i am curious why some people right after graduation dont use their OPT and jump into h1b... H1B is like a trap..once u get in, its hard to get out if u dont like the job.