🔺 r/f1visauUnhappy_Insurance609·16 days ago
F-1 OPT layoff on Sept 30 before Oct 1 H-1B COS: what if withdrawal reaches USCIS later?
I’m currently in the start of my second year of F-1 OPT and have an approved H-1B change of status with an October 1 effective date. I may be laid off very close to that date. I am still employed right now but am on leave, and I have not yet received a formal termination notice. The specific scenario I’m trying to understand is: Suppose my official employment termination date ends up being September 30 . If my employer also decides to withdraw the H-1B petition, there could be a delay because the withdrawal may be prepared or mailed by their immigration/legal team on September 30 but not actually received by USCIS until October 1 or several days later. My questions are: If my employment officially terminates September 30, do I remain in F-1 OPT status and begin using my remaining OPT unemployment days? If the H-1B withdrawal is sent September 30 but USCIS does not receive it until after October 1 , does the October 1 H-1B change of status ever take effect? For this situation, does the legally important date tend to be the employment termination date, the date the employer sends the withdrawal, or the date USCIS receives/processes the withdrawal? If USCIS does not receive the withdr…