Birmingham, AL asked in Immigration Law for Alabama

Q: Can I still retain my opt if my Ex employer filed a withdrawal of approved H1 B before Oct 1st

I ran into an issue with my H1 B. My H1 B is approved by an employer and starts from Oct 1st, 2018. But my employer terminated my employment on Sept 17th, 2018 and he applied for a withdrawal of H1 B petition to USCIS on Sept 20th,2018. So I can get back to my STEM OPT (Valid Untill 2020) right? I have Tesla offer letter starts from Oct 15th, 2018. So I can start working with this new company right?

Thank you so much for your help.

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Your OPT is independent from your H1B, so if your OPT EAD is still valid, then you can continue working with it.

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