Can I extend OPT while H1B processing?

UPDATED: Sep 15, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 15, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I extend OPT while H1B processing?

Currently I am on my OPT (12 month) status it expires in about 2 weeks. My current employer has filed H1B under premium processing its under processing status. I have an offer from other company which is e verified and willing to sponsor H1B also. Now can I extend my OPT through the other company? Like can I file for my OPT extension (other company ) while my H1B case is under processing (current company).

Asked on September 15, 2011 under Immigration Law, California


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are eligible for the OPT extension, that is something that you would need to discuss with the foreign advisor's office at your school.  The employer is not going to be the one to extend your OPT.  If your current employer has filed for your H-1B already, then, assuming it will be approved, your status will automatically change from F-1 to H-1B on October 1, 2011, which is the first possible date for the new H-1B and, presumably, the first date of validity requested by your employer in the petition.  If you then want to change employers to the second employer, the second employer would need to file another petition on your behalf and it would not be subject to the cap and you would be able to transfer your status from the current employer to the second employer.  Once you are in H-1B status through the change of status, you cannot reclaim any of your OPT.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption