Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
Retrieving the unused Optional Practical Training (OPT)  For F-1 Students

Hi William:

As a F-1 student in Optional Practical Training (OPT) and has an approved H-1B petition and change of status. If I am terminated by the H-1B employer before the effective date, and I have an unexpired EAD issued for post-completion OPT, can I retrieve any unused Optional Practical Training (OPT)?

Answer:

Yes, but only if USCIS receives the withdrawal request from the petitioner before the H-1B change of status effective date. Once the petition has been revoked, the student must provide their their Designated School Official (DSO) with a copy of the USCIS acknowledgement of withdrawal (i.e., the notice of revocation). The DSO may then request a data fix in SEVIS by contacting the SEVIS helpdesk.

If USCIS does not receive the withdrawal request prior to the H-1B petition change of status effective date, then the student will need to file a Form I-539 to request reinstatement and wait until the reinstatement request is approved, before resuming unused Optional Practical Training employment.








Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page








For All Your Immigration and Green Card Application Needs
                                                                 
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com