H1B applied while OPT still in initial review

[harsha.mvenkata]

Hello,

 

I did my MS in US and graduated in December 2013.

My first OPT application was denied on Feb 24th this year. I am currently in India and my new OPT application has been accepted and is currently in Initial review. My employer has filed for my H1B this year because I was expected to join the company on March 24th, which has now been postponed to June. 

 

I would like to get answers to the following questions :

 

 

1) Can I ask my employer to withdraw my H1b petition, so that I can re-enter on OPT ?

2) Will this H1B petition have an negative impact on my OPT decision ?

3) I expect to get my OPT in the next one month. Can I re-enter US with my OPT card while my H1b is in processing ?

 

 

 

[jairichi]

Hello,

 

I did my MS in US and graduated in December 2013.

My first OPT application was denied on Feb 24th this year. I am currently in India and my new OPT application has been accepted and is currently in Initial review. My employer has filed for my H1B this year because I was expected to join the company on March 24th, which has now been postponed to June. 

 

I would like to get answers to the following questions :

 

 

1) Can I ask my employer to withdraw my H1b petition, so that I can re-enter on OPT ?

2) Will this H1B petition have an negative impact on my OPT decision ?

3) I expect to get my OPT in the next one month. Can I re-enter US with my OPT card while my H1b is in processing ?

1. There is no need to withdraw.

2. No.

3. Yes.

[harsha.mvenkata]

Thanks for the reply ! 

 

If I do want to withdraw my H1b petition, is it easy for the employer to do so?

What if my H1b gets approved before I get my OPT. Wouldn't that be a problem, because I would have to go for H1b stamping ?

[jairichi]

Thanks for the reply ! 

 

If I do want to withdraw my H1b petition, is it easy for the employer to do so?

What if my H1b gets approved before I get my OPT. Wouldn't that be a problem, because I would have to go for H1b stamping ?

Applications are just being accepted. Wait to see whether your H1B petition is picked in lottery. If not picked there is no need to withdraw.

Even if your H1B gets approved you can still enter US on F1-OPT and start working for employer.

[harsha.mvenkata]

Thanks for the help ! :)