H1B to OPT

[bh*id]

Currently I am on H1B effective April 2011-April 2012 and I also got my 17 Month OPT approved and good through 06-2012. Now my employer is planning to revoke my H1B is there any way that I can request USCIS to Change my status from H1b to Left over OPT days so that i can stay in the country even my employer revokes my H1B?

[Joe.F]

No. The OPT is gone forever.

It was gone the moment you changed to H1 status. At that time, you were no longer in F1 status, and that means the OPT is over.

It is not possible to get it back.

[bh*id]

Hello I saw this Query in USCIS website. It states that it is possible. Please correct me if I am wrong.

Q13. If the student has an approved H-1B petition and change of status, but is laid off/terminated by the H-1B employer before the effective date, and the student has an unexpired EAD issued for post-completion OPT, can the student retrieve any unused OPT?

A13. Yes, but only if USCIS receives the withdrawal request from the petitioner before the H-1B change of status effective date. Once the petition has been revoked, the student must provide their DSO with a copy of the USCIS acknowledgement of withdrawal (i.e., the notice of revocation). The DSO may then request a data fix in SEVIS by contacting the SEVIS helpdesk.

If USCIS does not receive the withdrawal request prior to the H-1B petition change of status effective date, then the student will need to file a Form I-539 to request reinstatement and wait until the reinstatement request is approved, before resuming employment.