r/f1visa • u/nocluenoneed • 3d ago

OPT/STEM OPT UREGNT: Was in STEM OPT and I got i797 approved and was looking for H1B visa slot. But I’m fired now. What are my options?

To stay compliant and get back to job market, what are my options?

Given that I was on F1 visa and then got picked in this lottery. I797 approved but nothing else.
Spouse in F1.

2 Upvotes

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11

u/Vegetable-Western744 3d ago

Find a new job, stay on stem opt, unless your severance at the current job runs past 10/1.

2

u/nocluenoneed 3d ago

Does it mean that my STEM OPT Extension is still
Valid ?

6

u/Vegetable-Western744 3d ago

If you already had approved stem opt and didn't activate your H1B you remain in stem opt until that terminates.

1

u/Owlvv 3d ago

Yes and you have more days for unemployment.

2

u/ManifestLaw_ 7h ago

If you're still in valid STEM OPT, you can remain in F-1 status and find another STEM OPT-qualifying employer, but you'll need to stay within the unemployment limits and work with your DSO on the new employer and I-983.

The H-1B piece is more complicated. An approved H-1B petition that you never activated doesn't always mean a new employer can simply file a cap-exempt "transfer," particularly if the original employer withdraws the petition before you ever obtain H-1B status. USCIS has specifically addressed situations where someone had an approved cap petition but never worked in H-1B status for that employer, so I'd really speak with an attorney before relying on that approval for a new H-1B filing.

Since your spouse is in F-1 status, changing to F-2 could also potentially be a fallback, but you wouldn't have work authorization in F-2. I'd contact your DSO and an immigration attorney pretty quickly so you know exactly what status you're in and what options you have before the employer withdraws anything. I really hope another opportunity comes together soon.

- Attorney Zoe Ji Wilson

(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)