My OPT got denied, but my employer is suggesting to apply for H1b under premium service so that I can start the job (which starts in 2 weeks). I am resending my opt application and most likely I might get my opt before I get H1b. Since, this is a one year position is it possible to avoid activation of H1b once I get my EAD, as I would prefer to be on OPT status than H1b. Your help and suggestions will be much appreciated. Thanks.
Answer
Unless your employer is "cap exempt", they cannot petition you for an H-1B right now anyway. It would be helpful to know why your OPT was denied, however, even if an I-129 petition is approved for an H-1B visa, your status would not be "activated" unless & until you actually started H-1B employment.
Answer
Hi
This is an interesting fact pattern and one that needs a more careful and thorough analysis of all the facts. I suggest gathering all of your documents and submitting them to an attorney for a review and proper advice to both you and your employer. Feel free to contact us.
Answer
Hello - please call my law office at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
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