QUESTION
Can I change my current H1B visa status to OPT?
Asked on Dec 28th, 2016 on Immigration - Ohio
More details to this question:
I entered US on F1 to do PhD degree in computer engineering. After I finished all the degree requirements except the dissertation, I have been employed as a visiting instructor and my employer changed my F1 visa status to H1B for one year only, which is the actual duration of the contract. After that my school informed me that my SEVIS F1 record has been Terminated. As my contract is now approaching its expiry date, can I apply for an OPT visa instead? Thank you.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Optional practical training (OPT) is only allowed for those who are in F-1 status. Unless you are back in F-1 status, there is no authority to allow you to change from your present H-1B to OPT.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 12th, 2017 at 5:55 PM