Opt extension rejected and cannot start H1b

[ASME_001]

Hello,

I am currently on F1 visa (OPT cap-gap)  working in USA. My H1b visa was approved and will come into effect on October 1, 2018. My OPT-extension was rejected with a reason that since my H1b is approved I am not eligible for OPT-extension. 
But now the problem is that the company who sponsored for my H1b is now not willing to bring me on-board and employ me because of some funding issues. 

What can I do in this case?

I believe that I cannot transfer my H1b to another company since it has not started yet and would never start if im not employed by the company who had filled it. Is that correct?

Also, other option would be to apply again for opt-extension. Is that possible?

What else can I do?

[Provence]

A denied extension is unlikely to be approved with another try. And with an H1b status no longer attainable, your best bet would be to exit the US once your OPT status ends. 

[ASME_001]

Thanks for replying. But I posted here to get a way out of this situation. Not to run away from it. 
I look forward to some positive and helpful replies.

[JoeF]

1 hour ago, ASME_001 said:

Thanks for replying. But I posted here to get a way out of this situation. Not to run away from it. 
I look forward to some positive and helpful replies.

You got good and helpful advice. Even if you don't like it, it is your only option. There are no "workarounds."

 

[xTDx]

18 hours ago, ASME_001 said:

Thanks for replying. But I posted here to get a way out of this situation. Not to run away from it. 
I look forward to some positive and helpful replies.

Read this please , it may not help you but it may give you pointers for where to start: https://www.murthy.com/2017/09/07/if-an-h1b-change-of-status-is-not-wanted-after-approval/

Also there is no straightforward workaround as  advised by senior forum members. You must leave US when your active status ends.

[ASME_001]

10 hours ago, xTDx said:

Read this please , it may not help you but it may give you pointers for where to start: https://www.murthy.com/2017/09/07/if-an-h1b-change-of-status-is-not-wanted-after-approval/

Also there is no straightforward workaround as  advised by senior forum members. You must leave US when your active status ends.

Thank you @xTDx

[satya2k1]

On 9/9/2018 at 6:16 PM, ASME_001 said:

Thanks for replying. But I posted here to get a way out of this situation. Not to run away from it. 
I look forward to some positive and helpful replies.

It is sad that your employer had to withdraw your H1, sorry for you.  I assume that your OPT is also expired or expiring very soon.  There are a couple of options if you would like to stay in the USA, but very slim chances of working.  The first option is to file COS from F1-OPT to B1/B2 and explain why you need some time to clear things and leave the country in your application.  As I said, you cannot work on B1/B2 status. 

Second option, which may not be feasible now because of admission deadlines, is to enroll in a college for higher level education i.e, Ph.D, for spring semester and change to F1 status and after graduation you will get another OPT then you can work.  In the meanwhile, find an employer and ask them to apply for your H1 next year. Do NOT go for fake universities.

[Provence]

Those are possible, but frivolous attempts just to remain in the US. 

EOS/COS attempts merely bog down USCIS even further than it currently is, making waits longer for genuine applicants.  

OP has indicated a desire to work, not study or be a tourist. Returning home is the only viable option provided no alternatives are available? Surely folks can get jobs in their home country following a US education. 

[ASME_001]

12 hours ago, satya2k1 said:

It is sad that your employer had to withdraw your H1, sorry for you.  I assume that your OPT is also expired or expiring very soon.  There are a couple of options if you would like to stay in the USA, but very slim chances of working.  The first option is to file COS from F1-OPT to B1/B2 and explain why you need some time to clear things and leave the country in your application.  As I said, you cannot work on B1/B2 status. 

Second option, which may not be feasible now because of admission deadlines, is to enroll in a college for higher level education i.e, Ph.D, for spring semester and change to F1 status and after graduation you will get another OPT then you can work.  In the meanwhile, find an employer and ask them to apply for your H1 next year. Do NOT go for fake universities.

@satya2k1 Thanks for your advice

[ASME_001]

On 9/9/2018 at 12:08 PM, ASME_001 said:

Hello,

I am currently on F1 visa (OPT cap-gap)  working in USA. My H1b visa was approved and will come into effect on October 1, 2018. My OPT-extension was rejected with a reason that since my H1b is approved I am not eligible for OPT-extension. 
But now the problem is that the company who sponsored for my H1b is now not willing to bring me on-board and employ me because of some funding issues. 

What can I do in this case?

I believe that I cannot transfer my H1b to another company since it has not started yet and would never start if im not employed by the company who had filled it. Is that correct?

Also, other option would be to apply again for opt-extension. Is that possible?

What else can I do?

Following is for someone in a similar situation as I was in.

Please do not make anyone believe you that there is no way to get out of this situation. I researched and brain-stormed a lot on this situation with my lawyer, my school's international student advisor, my manager at work and some of my friends. After all this, I have found not one but multiple possible ways to handle this situation. 

- The easiest way would be to somehow convince the company who sponsored your H1b to just bring you on-board for couple of weeks (at least until you get 2 paychecks).  This will get you started with your H1b visa and given you are able to find another job, you can transfer your H1b.

- Second option will be to apply for OPT-extension. In this case,  opt-extension was rejected because my H1b was approved. But since you are not able to start with the H1b visa, that reason no longer holds true. Which legally allows you to re-apply OPT-extension. Make sure to apply for OPT-extension as soon as possible and once you get the first notice stating that USCIS has received the application, ask your company to inform USCIS that they will be unable to start your H1b. The reason to do this after receiving the first notice is that, one needs to be on OPT cap-gap to be able to re-apply for OPT-extension but needs to have H1b application retracted for OPT-extension to get approved

- If second option dosent work, you might need to go back to your home country. But thats not the end. You can keep looking for another job and let them know your current situation. If they agree to apply for your H1b and if everything goes well, you can start with that company from next October.

- If the third option dosent work, you can apply and get into some university on student visa. I was looking at this option as an opportunity to pursue PhD.

In my case, I was fortunate enough to be able to go with the easiest route: option 1. 

Where there's a Will, there's a Way! 

[satya2k1]

On 9/30/2018 at 9:00 PM, ASME_001 said:

Following is for someone in a similar situation as I was in.

Please do not make anyone believe you that there is no way to get out of this situation. I researched and brain-stormed a lot on this situation with my lawyer, my school's international student advisor, my manager at work and some of my friends. After all this, I have found not one but multiple possible ways to handle this situation. 

- The easiest way would be to somehow convince the company who sponsored your H1b to just bring you on-board for couple of weeks (at least until you get 2 paychecks).  This will get you started with your H1b visa and given you are able to find another job, you can transfer your H1b.

- Second option will be to apply for OPT-extension. In this case,  opt-extension was rejected because my H1b was approved. But since you are not able to start with the H1b visa, that reason no longer holds true. Which legally allows you to re-apply OPT-extension. Make sure to apply for OPT-extension as soon as possible and once you get the first notice stating that USCIS has received the application, ask your company to inform USCIS that they will be unable to start your H1b. The reason to do this after receiving the first notice is that, one needs to be on OPT cap-gap to be able to re-apply for OPT-extension but needs to have H1b application retracted for OPT-extension to get approved

- If second option dosent work, you might need to go back to your home country. But thats not the end. You can keep looking for another job and let them know your current situation. If they agree to apply for your H1b and if everything goes well, you can start with that company from next October.

- If the third option dosent work, you can apply and get into some university on student visa. I was looking at this option as an opportunity to pursue PhD.

In my case, I was fortunate enough to be able to go with the easiest route: option 1. 

Where there's a Will, there's a Way! 

Yes, there are so many ways to get around immigration in this country, with so many loopholes..

You were fortunate because your petitioning employer agreed to brought you onboard... not everyone in this situation will have that luck.

I am Happy for you, and things worked out in your favor.