I had a project during OPT and my employer filled for H1B which is approved but now the project got over and I am looking for a new one!! The employer said we cannot run the payroll and that you will by default be on OPT so when you get a new project we will revoke the H1B. I would like to know is it even possible like the employer said? Also at this stage can I apply for my STEM OPT would it be approved as I would like to be on a safer side?
Do you know if your H-1 was approved w/ COS or not? If your H-1 was approved w/ COS, then your OPT status has already ended. If you check w/ DSO they would tell you that SEVIS record has been closed b/c of COS approval.
Your employer needs to pay you when on H-1. If not, they should either let you go, or you should find an alternative employment.
Hi, I was wondering the same because most people told me once H1B has been approved there would be an automatic COS unless they withdraw it. The thing is I have asked them n number of times for the approval copy to make sure it have be approved but they ain’t sharing it. That person told me you by default in OPT and that H1B can be revoked later I asked them how but they are not revealing it. So I posted it here hoping I would have a slim chance of being in OPT so that I could apply for the EXT OPT and get off from them and not make things more complicated. Please advice me as what I am to do further?
Check with your school international office, on what it says on your SEVIS records. If the employer ever had your H1B approved, your SEVIS would have information that you changed status to H1.
If in case the status changed, you would be on H1B from Oct 1st and cannot go back to F1 OPT status. If they SEVIS does not say anything about status change, they you could continue to be on OPT if your EAD is still valid now.
Thanks. That should solve the confusion of my status. I shall check it with my school and look ahead as what has to be done. Thank you once again.
As you had advised I met with one of my school officials and requested them to check for my change of status for which I was told that they update it in the system only if I provide the H1B approval copy otherwise in the School system it would show F1. I kept telling them I would like to know according to USCIS through SEVIS number. They keep repeating the same. I just do not know how else to find my current status. Any suggestions please let me know.
Sorry about that, looks like this method was discontinued. I forgot to check this first.