My OPT application is pending and the result is expected to come out as early as early next month.
I just got a job offer and the employer said they would sponsor me H1b cap-exempt. As the premium processing will no longer be available as of 4/3/2017, we are trying to apply for H1B by the end of this month.
If OPT gets approved before H1b, I guess I can work using the OPT until my H1b start date (08/2017)? But I am not sure what would happen if OPT gets approved AFTER H1b approval. Would the approved OPT cancel the approved H1b? I cannot withdraw OPT now since I already graduated and I am not in a grace period.
Thank you for taking the time to read my message.
While the last action rule may apply. Usually, USCIS will notify SEVIS of an H approval and OPT would be cancelled as of the effective date.
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If you are approved first for H1b, and then for OPT, the rule is that the last action CIS takes determines your status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Any reason you will not approach the attorney who will file the H-1B. They can prepare a strategy to achieve your objectives.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
If your H-1b gets approved before your OPT you should contact the attorney assisting you with your H-1b so that he or she may contact USCIS and withdraw you OPT application.
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