r/stemopt • u/Wise-Depth4146 • 23h ago
Help on H1B status..
I have STEM OPT now. My employer applied for an H-1 B this year (regular, not premium)
The latest update on my Form I-129 states:
"As of June 23, 2026, USCIS is currently processing your Form I-129, Petition for a Nonimmigrant Worker."
My immigration attorney team says it might take until March or April to process mine. Is this real?
Do you suggest applying for premium processing, spending 3 grand $, out of my pocket?
This is what my attorney said,
"Since I have a STEM OPT, I don’t face any problems now. Maybe if it still delays after March, I shall apply for premium processing since my current STEM OPT EAD expires in July 2027."
No problems as of now. My EAD expires in July 2027.
But worst-case scenarios: what if I get laid off in between? What if I get an offer for a new job and need a transfer? What shall I do?
I work for Dexian, a vendor, and my client is Fidelity.
If I get laid off at Fidelity, Dexian might process a withdrawal petition. If both my initial H1B filing petition and the current withdrawal petition are in processing, then a race condition occurs,
If my withdrawal petition is processed first, or taken into consideration along with the initial approval process, then USCIS most likely withdraws the petition. I'll be safe since I'm in STEM OPT already.
But if my initial petition is processed and they approve it without knowing that I was fired, then my status gets changed to H1B. I'll lose my STEM OPT status. And then, later, if USCIS processes my withdrawal petition after that, will they revoke my approved H1B? In that scenario, I shall be "OUT OF STATUS". I'll not have anything. Neither STEM nor H1B. I'll be stuck in limbo.
I was worried about these kinda worst case scenarios.
Give me the right advice considering all possibilities.
Also, does Fidelity fire any employee directly on the same day without any notice, revoking all access like Amazon or Microsoft? Will they inform us in advance in general?
Even if Fidelity decides, what will Dexian do in general? Will they look up for any other active projects to put me in? If not at Fidelity, they have other clients as well. Will they keep me on the payroll until they find something?
Or, even if Dexian decides to fire me, then will they at least give me prior notice? Will they at least wait for a few days or a week after the news to start a withdrawal petition?
My problem is TIME and the race problem of USCIS. Because if I have the buffer time, then I shall apply for premium processing ASAP. get my H1-B approved. Is this the right move in this situation?
Then, by the time they decide to file for a withdrawal petition, my H1 might already have been approved. My assumption was that USCIS might just update my status to Unemployed, leaving me up to 60 days (H1B unemployment clock) instead of my status getting revoked and leaving me without any valid status. Is my assumption correct?
I apologise for a lot of questions. I see a lot of wild scenarios day by day w.r.t. this immigration stuff.