If the student has an approved J1 petition and change of status, but is laid off/terminated by the J1 employer before the effective date, and the student has an unexpired EAD issued for post-completion OPT, can the student retrieve any unused OPT?
I know for H1b, the answer is yes. But I would like to know if it's still same as J1.
It depends on the change of status approval notice. If the change date has not yet arrived, you can take steps to prevent the change from occuring.
However, if you are already in J-1 status, you may not be able to change back to F-1 (and OPT). I have never heard of this situation (in over 30 years of handling such cases!). That is something your attorney should research; perhaps a persuasive argument for changing back can be made.
This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.
I agree with my colleague.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with Mr. Bach. He provides solid advice here. Normally, I would recommend that you speak with your employer's immigration attorney, but in this case there may be a conflict of interest and you may want to speak with a neutral immigration attorney.
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