Transitioned into H1B status with previous employer but I am currently with another employer - what to do

Intuit / Eng
BYun35

Go to company page Intuit Eng

BYun35
Oct 16, 2020 10 Comments

I was working on F1 OPT and this year my H1B application was picked which was filed by my previous employer. My H1 approval notice arrived on Sept 28th but my employment with my previous employer had ended(last date was August). They also sent a withdrawal notice to USCIS.

Now when I requested my school to update my OPT status with my current employer, the school said they could not do it since I am already on H1B. They can't get me back on H1 unless USCIS provides them with some receipt of H1 withdrawal (which it hasn't ..yet) And I've been advised to stop working.

What can I do in this case? Would I actually have to stop working until USCIS processes my withdrawal and puts me back on F1? Or can they disregard my withdrawal and allow me to transfer the H1B to my current employer? The withdrawal is not even a form, it's just a simple letter sent to USCIS ...

I'm worried, guys. Does anyone know of a similar case?

#workvisa #h1b #f1opt

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TOP 10 Comments
  • Nokia / R&D
    wfh_sucks

    Go to company page Nokia R&D

    wfh_sucks
    Consult and lawyer and make sure you can still retain OPT. Remember an H1 application is dual intent and might affect your OPT.
    Oct 16, 2020 3
  • I think you should have been with your old employer till atleast October 1 or should have asked previous company to withdraw your H1B so it is not activated on October 1.

    Immigration lawyer would be best to consult
    Oct 16, 2020 3
  • Asurion
    tokkale

    Go to company page Asurion

    tokkale
    They are asking for a receipt of withdrawal - which you can get from previous employer or through foia portal.

    You can try showing the withdrawal request online using the receipt number. The receipt number for H1 filing and withdrawal is same.
    Oct 16, 2020 1