Can I keep F1 OPT after H1b validity starting date

[Masterguy2009]

I have my F1 OPT valid for several more months and my current employer, which is a college, applied for an H1b visa for me which was approved with validity starting date July 1, 2009

When is the latest I can discontinue my job at the college and keep my F1 OPT? (I also haven't yet processed my payroll documents for the college for the next academic year, if this is important)

Thank you very much!

[sk4ih]

Once you're on H1, you can't move back to OPT.

[Masterguy2009]

Once you're on H1, you can't move back to OPT.

The organization submitted the I-129 for me, without any input from my side -- I did not sign any requests for change of status...

How can my status automatically change per request from the organization, without my explicit request/signature?

[txh1b]

The organization submitted the I-129 for me, without any input from my side -- I did not sign any requests for change of status...

How can my status automatically change per request from the organization, without my explicit request/signature?

How did they get your I-94 copy without you providing it? H1b is employer's petition and your signature is not needed. If you provided a copy of I-94, they can apply for COS. Your authorization is not needed.Which company is ready to spend 3-4k on a H1b petition for fun without a potential employee agreeing to it in some form?

[Masterguy2009]

How did they get your I-94 copy without you providing it? H1b is employer's petition and your signature is not needed. If you provided a copy of I-94, they can apply for COS. Your authorization is not needed.Which company is ready to spend 3-4k on a H1b petition for fun without a potential employee agreeing to it in some form?

Yes, I did provide my I-94. I did give my oral agreement to work there, but quite a few things have been in flux, and not really defined, including some conditions of my future employment and whether or not the petition for H1b could be approved for this job... So that is why I was allowing this flexibility to myself.

[txh1b]

Yes, I did provide my I-94. I did give my oral agreement to work there, but quite a few things have been in flux, and not really defined, including some conditions of my future employment and whether or not the petition for H1b could be approved for this job... So that is why I was allowing this flexibility to myself.

An oral acceptance of a job could even be used in court and you be sued by the employer for not honoring the terms of the contract. If you really do not want a COS, travel outside while the case is pending and enter with a new I-94. Talk to your ISO.

[Masterguy2009]

An oral acceptance of a job could even be used in court and you be sued by the employer for not honoring the terms of the contract. If you really do not want a COS, travel outside while the case is pending and enter with a new I-94. Talk to your ISO.

The problem is that H1b was approved already.

I am not sure what contract you are talking about, I thought both the employer and the employee can stop employment any time, it's called "employment at will."

[txh1b]

The problem is that H1b was approved already.

I am not sure what contract you are talking about, I thought both the employer and the employee can stop employment any time, it's called "employment at will."

Employment is at will, no doubt about it. That means, no one can force you to work. You can quit any time. Employment at will does not mean there will not be any financial obligations.

An employer can sue based on your express promise to work for them and now backing out of it. Read on some prominent Attorney websites.

As your H1b is approved as a COS, you have already kissed that OPT a goodbye from Oct 1st. Your ISO should have told you the same.

[Masterguy2009]

Employment is at will, no doubt about it. That means, no one can force you to work. You can quit any time. Employment at will does not mean there will not be any financial obligations.

though completely irrelevant to the thread's topic, but I think you don't fully understand the concept of "employment at will" and therefore contradict yourself

[txh1b]

though completely irrelevant to the thread's topic, but I think you don't fully understand the concept of "employment at will" and therefore contradict yourself

Thanks. You will find out more as you live through it. I have been there, done that and speak from experience.

Good luck!