Approved H1b withdrawal, USCIC acknowledgement pending

[Chitra Vittal]

My H1b which was filed by my previous employer was approved w.e.f 01 October 2022.  Without knowing this, I changed to another employer using my OPT in September 2022.  My previous employer has filed for withdrawal which is still pending at USCIC for approval.  Meanwhile, my SEVIS Portal is locked.  I am working with my current employer on OPT since September 2022.   But I understand that since my H1b was approved, My SEVIS terminated.  Does that mean I lost my OPT.  What would be my status now F1or H1b.  My current employer has not filed any H1b petition as I joined them in OPT.  Should I pursue with my current employer to file a petition in order to regularize my status. 

[pontevecchio]

You should consult a lawyer for appropriate guidance. Your OpT would seem to be gone.

 

[LeaveMessageH1B]

Once employer files for withdrawal its final , no need to wait for acknowledgement or approval. You're not on H1B.  

[Chitra Vittal]

On 12/5/2022 at 5:11 AM, Leavemessageh1b said:

Once employer files for withdrawal its final , no need to wait for acknowledgement or approval. You're not on H1B.  

Thanks for the positive note.  But, my SEVIS is auto locked now as USCIS did not acknowledge the withdrawal till 01 Oct.  But, I am still continuing with my present employer whom I joined using OPT on 15 September 2022.    Is it ok?  Also, my present employer is planning to file a new petition for me as the withdrawal is not yet acknowledged by USCIS.  In that case, will I be eligible for change of status?

[Chitra Vittal]

On 12/3/2022 at 1:54 AM, pontevecchio said:

You should consult a lawyer for appropriate guidance. Your OpT would seem to be gone.

 

Thank you.  Sure Will reach out to lawyers for guidance.