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Very tricky: won green card, should I drop H1B for OPT?

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  • Very tricky: won green card, should I drop H1B for OPT?

    Hi peoples,

    I found this forum the best on the web in terms of advice. Could you please help me get clarity on my situation?

    1. have OPT card Aug 09-Aug 10
    2. graduated two weeks ago from F-1 (all grace period will be used)
    3. have H1b approved to start Oct 09. (actually, not approved yet, I only saw the receipt for Petition for non-immigrant worker, but the lawyer said it's OK)
    4. won in green card lottery with low number, people say very likely to get it.

    my sponsoring employer is on the verge of bankruptcy (tough times), I am looking for another job. Being someone who requires visa sponsorship does not make the job search any easier. I want to leverage my soon-to-be resident alien status and be able to tell prospective employers they won't have to sponsor my visa.

    What would you recommend to do - cancel H1B or pretend I don't know the details and work under OPT until I get the green card? I'd love to ask my H1b lawyer, but I still owe him some money for the paperwork, he has no incentives to answer objectively.

    Thank you in advance for your consideration and help.


  • #2
    Your OPT is invalid if the H1b gets approved. Working on OPT past Oct 1st or H1b effective date is illegal.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3
      Thanks a lot!

      txh1b, I appreciate your quick response.

      As a matter of update, my lawyer said I will be able to work and re-enter the country once I file for respective permit (which can be filed for together with the application for status adjustment).