What is My Current Visa Status After H1B Approval? I was on OPT When H1B Was Filed.

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I was on OPT. My H1B was approved. But, I quit the employer who applied for my H1B. What is my Current status in the USA?

My H1B Visa got approved today, which was applied by the former employer. But unfortunately, I came out of that company the present employer is ready to make a transfer of my H1B Visa. Here my question:

  • While the H1B Visa is in the process of my transfer if I get any denial
  • Can I work on OPT?

Your SEVIS will be terminated from Oct 1st or the day H1B Visa is approved.

Once you H1B Visa is approved, you no longer have F1 Visa status.

You are no longer is student visa status.

So, you can’t go back to work on OPT.

If you already left the employer who applied for H1B Visa, you should have stopped working as of October 1st if you were on Cap Gap. 

In the current scenario, it might take 6 months for complete H1B Visa transfer as there is no Premium Processing and your new employer has to initiate the transfer process. You can’t be working for the new employer without H1B Visa Transfer petitions being filed.

If you think you are on OPT after H1B Visa approval, you are wrong.

  • You are working without authorization!
  • Stop working.
  • Consult your employer’s attorney ASAP.

If your H1B Visa was filed without Change of Status, then your OPT will be valid until the expiry date. Then there’s no concern about your status.

Summary:

  • IF H1B is approved without COS, then you can switch employer without any problem.
  • If your H1B is approved and you switched to a new employer and started working without H1B Transfer application, then you are in for a lot of trouble!

 

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