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Second opinion] My employment ended with my company and my…

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Second opinion] My employment ended...
Second opinion] 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: Legal
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9/17/2017
Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,940
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Once your H1B was approved, this automatically changed your status and your OPT was cancelled by USCIS. So your OPT is no longer valid even though it is stamped as expiring 12/31/2018. You cannot use your OPT and if you did not want to lose it, you should not have applied for the H1B. It is too late now I am afraid and you will need to work only under the H1B.

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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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