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My employment ended with my company and my separation date…

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My employment ended with my...
My employment ended with my company and my separation date with company is August 13th, 2017.I am on my STEM OPT right now, which is valid until (12/31/2018). I got my H1-B approval this year, which says that my H1 B status will be valid from (Oct 1, 2017) this year as Change of Status.Can I work back on my STEM OPT which is valid until (12/31/2018)? or my STEM OPT will be lost?IMPORTANT: My STEM OPT is valid until 12/31/2018, and my main concern is that I don't want to loose my STEM OPT option to work. Please advise me on this, what should I do ?
Submitted: 11 months ago.Category: Immigration Law
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Answered in 1 hour by:
9/17/2017
Immigration Lawyer: Leena Kamat,
 replied 11 months ago
Leena Kamat
Category: Immigration Law
Satisfied Customers: 102
Experience: Managing Attorney at Kamat Law Corporation
Verified

Since your H-1B has been approved as a change of status (with an I-94), your H-1B status will automatically take effect on October 1. You will no longer be able to use your STEM OPT after that point. One possible (but not advisable) thing you could do to prevent this is leave the US shortly before October 1, and after October 1 enter using your F-1 visa, assuming you still have a valid one. Then you will basically be entering with F-1 status, superseding H-1B status. If you do this, though, your H-1B employer will need to file a change of status for you to get your H-1B status back after December 31, and though it won't be subject to the cap, it will go through the whole review again regarding employer-employee relationship, specialty occupation, etc.

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Immigration Lawyer: Leena Kamat,
 replied 11 months ago

Please let me know if you need any clarifications - otherwise please provide a positive rating so I can receive credit for assisting you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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