Immigration Issues/H1B Withdraw

Advertisement


Question
Hello Ramasamy:
Here is my case..
I am currently on OPT and my current employer (a IT Consulting Company) has applied for my H1 and it is approved. Now I got a offer from a good company with my OPT and wants me to work on OPT only which is valid till Feb 2009.
My question is can I extend my OPT if my current employer withdraws the petition and will there be any problem if I file for my H1 again in future?
Please advice/suggest. Thank you

Answer
Sri,
If you current employer has filed for your H-1B as a change of status you cannot continue to work on your OPT after the effective start date indicated on your H-1B. From that day onwards you become a H-1B visa holder. Your new employer has to file for a H-1B in order for you to work for him.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

©2016 About.com. All rights reserved.