reinstating OPT after going to H1B under COS

[izzie]

I recently went on H1B under COS, however couldn't work for the employer who hired me even for one day. Is it possible to withdraw from H1B and go back to OPT? and if the answer is yes, how long usually does that take?

[inadmissible]

Talk to your DSO about getting you a new I-20

[izzie]

Talk to your DSO about getting you a new I-20

Thanks for your suggestion. My H1B was under change of status. Do I need to leave the country to get a new I-20?

[inadmissible]

No, but the question is whether you can get an I-20 at all

OPT is supposed to be used in a single block of time after completion of studies, even though it can be broken up into segments prior to completion of studies. There is no ability to recapture the unused OPT time. On the other hand, they do allow you to be unemployed (90 days, 120 days for those on STEM extension)

Perhaps you'll be able to obtain a new EAD, but that would require you to be in F-1 status, which might require you to leave and return on a valid F-1 visa because reinstatement takes too long. But to do any of that, you will need a I-20 less than six months old, with signed travel endorsement. So you're going to have to start at your DSO

If they say no, pack your bags or marry your US citizen partner and apply for adjustment of status instead