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OPT and H1 approved (without COS)

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  • OPT and H1 approved (without COS)

    USCIS approved my H-1B visa petition from a consulting company, but DID NOT approve my change of status application from F-1 to H-1.
    I also got my OPT approved. It is valid from September 27, 2007 to September 26, 2008.
    I now have a job offer from company B which I want to join on my OPT. The attorney in Company B says I can work on OPT as long as I do not leave the country. She also said that the H-1B status (from the consulting company) will take effect only if travel outside to get the H1 visa stamped and reenter the country.
    My question is, does the H-1B from the consulting company need to be revoked/canceled for my OPT to be valid?

  • #2
    So when does your H1 start? My understanding is your OPT becomes void once you start on H1.
    For example Dec1st 2007 your OPT expires, H1 starts on Oct1st 2007, On oct1st you will automatically be on H1 and not on OPT. You can do a H1 transfer to the new company? I would go with what your lawyer says and I hope this companyB is a proper organization and not another consultant.I dont trust the lawyers in the consulting companies.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.