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.
A: Your OPT is independent from your H1B, so if your OPT EAD is still valid, then you can continue working with it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
