OPT to H1B

[sanjay96]

Hello All,

Plz, help in getting cleared on my case:

I have valid OPT till March, 2010 and also my H1B got approved for 2009 having I797B.
So, my query is what will happen to my OPT will it be canceled from Oct. 1, 2009 or will be valid till March, 2010.

[sk4ih]

You will be on H1 from Oct 1st, unless you cancel it before Oct 1st, in which case OPT will continue.

[sanjay96]

Thank you very much.

[txh1b]

You will be on H1 from Oct 1st, unless you cancel it before Oct 1st, in which case OPT will continue.

I don't think this is correct. OP says he has a I797B which means the COS was not approved and it was a CP. In that case, he continues to be on OPT unless the approval was a COS and resulted in a I797A with an attached I-94.

Even if it was I797A, just canceling H1b does not put one back on OPT. The school DSO has to submit a service request to re-instate OPT once a H1b revoke letter is obtained from the employer.

[sanjay96]

Thank you very much.

I also got similar kind of feedback externally. Because as it is I797B (Consular Processing) therefore I think my OPT will be continued.


Thanks.