H1B Approved, OPT pending.. need help

[334trd 0]

Hi,

I applied for my OPT STEM extension just over two months ago, received 66 days ago to be precise. In that time I was offered a job as a post doc and the University filed an expedited H1B visa for me, and I just found out that it has been approved. I am about to send the withdrawal letter for my OPT extension application, but here is my question...

What if magically my case for OPT gets reviewed before they receive the withdrawal notice, will they even process it, or realise that I am now on H1B (Sept 1st was the start date - cap exempt) and deny the application?

Has this ever happened to anyone. I'm just terrified now that that H1B status will be overwritten by the OPT, but is that even possible.

Thanks for your help!

[Mollie09 1,543]

OPT is under F1, once you change your status to H1B you are no longer in F1 status and therefore cannot be in OPT.

You should still withdraw the OPT, but you should be ok regardless.

[umeranyth 0]

Exactly. Since H1B is approved, you'll have COS to H1 status negating whatever pending applications you had on F1 status. You can only be on 1 status all time.

Probably should check with your DSO or an attorney as this is just my opinion. Best of luck!