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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?

    Papers:
    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.

    Situation:
    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.

    Question:
    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.

    Cheers,
    nike.

  • #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.

    Comment


    • #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).

      Cheers,
      nike.

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