When to leave if sevp refuse to reactive my OPT


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i was on opt stem extension. My employer filed h1b for me. While waiting, my direct boss move to a new company and I decided to move with him. So my current employer sent a retract letter to cancel the h1b petition. However, the h1b is approved on 3/12 right after the letter was sent 3/3. So my h1b visa was revoked on April 10 because of the retract letter.

My OPT university opened a data fix ticket at SEVP to reactivate my F1 status. However, SEVP officer refused to add me back to OPT because we cannot provide the evidence that retract letter was received before the approval. My new employer is trying to speed up hire me, but that will not happen in a month till the can file me the new h1b.

I should have leave the country immediately after April 10. but it was already too late because I was only informed on April 25 when they fail to add me back to sevis.

So at this stage, should i stay in Us unlawfully hoping my new h1b approved quickly ( it is cap exempt) or leave as soon as possible?

May I consider myself as OPT fail and have 60 day grace period? If so, when should the date start count? April 10 when h1b fail, or when the data fix ticket closed?

And hopefully is there some way can save my case?

Thank you!

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Thank you, JoeF.


That is sad to know but that is how it is...


My question now is when should I leave. There is no way I can leave immediately after the revoke (because I did not know by then..) when I find it out, it is already 15 days late. Since the harm has been done, what is the time limit to the level of harm?


My current plan is to try to clear up the mess and finish up my work here very quickly, and then leave.


But the question is how quickly? Does it make a difference I leave now or I leave next month, Or when my expedite H1b is approved?



Thank you!

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