Declined a job offer from Company A. But H1B lottery got picked the next day

Aeris niks5501
May 9 18 Comments

I can't explain how unlucky I am. I had a job offer from company A for a support engineer role which I didn't like. They had applied for H1B cap lottery (which I felt, getting picked in the lottery were very rare).
I got an offer for a better role from company B, so I declined the offer from company A and BAMM! my H1B by comp A got picked. My job offer status is already updated to 'Withdrawn'.
I am an F1 Post-OPT student and OPT days have not started yet. What should I do?

Will I be able to continue in company B just on OPT as if my H1B was never applied? Or since H1B has been picked, will it stop my OPT completely?
Need some urgent suggestions.

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TOP 18 Comments
  • Google yoooyo
    just email the recruiter and apologize and ask to join? It’s probably just a quick change.
    May 9 0
  • Apple py1
    This is unfortunate. Please invest in time with an immigration attorney. Should cost you a couple of hundred or less but it should be worth it. Hang in there bud.
    May 9 6
    • Apple py1
      Will help you assess the risks should the company decide to revoke the H1B. Will help answer some of your questions such as impact to OPT status. We can plan better once we understand the risks involved, if any.
      May 9
    • Apple py1
      Also, as others have said, please do reach out to the company that you changed your mind. There is zero downside and huge potential benefit to trying this.
      May 9
    • Fidelity Investments / Other alohomora1
      I second this. I'd recommend Murthy Law. I recommend Pam Genise there, she was brilliant in my case. Do that right away. My understanding is that your status is now changed on H1 approval, a withdrawal also means that you ll be soon out of status. Don't think your F1 hence OPT is valid anymore after change of status. I also think the new employer can file for change of employer petition based on the approved H1, even if withdrawn (went through that personally). Consider that option as well. But I m not an attorney, so seek a professional opinion. You are right that your attorney can't help with the H1 petition but they'll give you the right advice. Do NOT rely on the company's attorneys only, they aren't representing you and their legal interests are in best interests of their clients, not yours. It would be worse if you stayed in the country while your legal status had expired. Also if you plan to file for an H1 with company B, be absolutely transparent about what happened here. Don't hope and wish that it'll go away.

      I read that the chances of the recruiter considering you back is rare. I understand but I went through that. Went back to a reneged offer due to visa/ GC issues at other company, was transparent, and asked to be reconsidered. They are professionals and understand, plus they don't have to go through the hiring headaches again. You have nothing to lose here. Good luck!
      May 9
    • Aeris niks5501
      OP
      My H1b petition is just picked in the cap lottery. it is not approved. I doubt that the company will allow it to get approved! They will definitely think of withdrawing the petition. so I don't think my status will change to H1 until and unless I start my work at that company. Correct me if I'm wrong!
      May 9
    • Fidelity Investments / Other alohomora1
      You're right. I misread that. As long as it's not approved, you are ok.. hope it works out for you.
      May 9
  • Epsilon ySPg80
    Just email the recruiter and be honest! Most likely, if they did not have any backup pool of candidates already set up, they’re gonna definitely consider you bcos they wouldnt have to run the entire hiring process again.
    May 9 0
  • Tesla jujubi
    Well, even if you email the recruiter and apologize, it might be tough to convince them. I think that company A has to petition your H1B again next year as they already revoked yours this year - which translates to another round of investment on you next year when there is literally no guarantee to them that you would join them. :/ u played it harsh with them and dented the relationship, bud.
    May 9 3
    • Epsilon ySPg80
      They did not revoke the petition it seems. OP says that just the job offer he had applied is currently under the status “withdrawn”
      May 9
    • Tesla jujubi
      My bad then. He has to act fast before they revoke the h1 petition.
      May 9
    • Aeris niks5501
      OP
      I feel the chances of the recruiter considering me back for the role is extremely rare.
      Is it okay if they revoke the lottery picked petition this time? can I ignore this and ask my new employer to file a new petition in the next cycle? (I know getting picked in the lottery is again a matter of luck)

      Will there be any damage from this revoked petition on my OPT status?
      May 9
  • Infor CTqb15
    If comp A doesnt withdraw the application and H1B gets approved try to get approval copy of the notice. You can use that I797 to apply for H1B at Comp B in cap exempt
    May 9 1
    • Apple py1
      Great note. I took this route after almost 3 years of getting the 1st H1B visa approval. Company went down after approval.
      May 9
  • Amazon Jеff Bezоs
    How does a company apply for H-1B even before a candidate has accepted the offer?
    May 9 1
    • Epsilon ySPg80
      Sometimes they have approved LCA’s in the queue which they can re-use. Also, few companies ask their immigration teams to contact the candidate and start the process even before offer negotiations
      May 9
  • Aeris niks5501
    OP
    I feel the chances of the recruiter considering me back for the role is extremely rare.
    Is it okay if they revoke the lottery picked petition this time? can I ignore this and ask my new employer to file a new petition in the next cycle? (I know getting picked in the lottery is again a matter of luck)

    Will there be any damage from this revoked petition on my OPT status?
    May 9 0

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