STEM OPT Holder with H1B approved and wants to quit job

[ic3b3rg]

Hi everyone,

I am currently working for a consultancy on STEM OPT and my H1B has been selected and approved this year. However, I am not happy with my employer and I have been thinking of quitting my job for a long time. I have the following concerns:

1. If I quit my job and inform my employer, can he withdraw my H1B petition?
2. If my H1B is withdrawn, will I still retain the unemployment period from my STEM OPT?
3. If I quit my job and the employer does not withdraw my H1B in an effort to entrap me, do I have any options?


I appreciate everyone in advance for the assistance!

[scientist2016]

Hi everyone,

I am currently working for a consultancy on STEM OPT and my H1B has been selected and approved this year. However, I am not happy with my employer and I have been thinking of quitting my job for a long time. I have the following concerns:

1. If I quit my job and inform my employer, can he withdraw my H1B petition?
2. If my H1B is withdrawn, will I still retain the unemployment period from my STEM OPT?
3. If I quit my job and the employer does not withdraw my H1B in an effort to entrap me, do I have any options?


I appreciate everyone in advance for the assistance!

So if I understand correctly, your H1 was picked in the lottery and approved viz., you got a I797 with a new I94 attached, and valid from Oct 1 2017?
(1) Yes.
(2) Yes, as long as you haven't switched to H1, which happens on Oct1 if my assumption above is correct.
(3) Do not understand the question: What do you mean by "entrapment"? It is your prerogative to chose or not a H1 employment. If you accept it, you will change to H1, if not you cannot claim H1 status, that's all. There is nothing the employer can do here.

Also, if my first assumption is correct viz., your H1 has been accepted/approved, then you would have been counted under the cap. Hence, you can get a different employer to file a cap exempt H1 for you anytime.