HELP!!! - H-1B application

[dus184]

Hi,

I had applied through a consultant ABC in April 07 for the H-1B under the Master's cap even though I had not completed my graduation. He said that he had received my receipt no. for my application which I never got from him. I also never signed any kind of agreement with him.

But after my graduation this month, I got a full time offer with XYZ and would like to work for XYZ on my OPT.

Though my case for the H-1B application is not strong as the filing was done with a letter stating that I would be completing my Master's program. Now I would like ABC to withdraw their application.

What would happen if it has already been approved and I am not aware of it. I am sure they won't tell me the receipt number.

How can I continue to work for XYZ on OPT if my H-1B had been approved? I also do not want a H-1B transfer.

Please kindly help me out on this.

Thank you.

[mickey_mouse]

I don't know what an OPT is - does it mean you would like to STAY IN INDIA?

Your position on the application withdrawal gives you credit - but you DO NOT have to actually use the visa. You might never show up for the visa stamping.

Of course, you can end in the 'funny' situation of being assigned an H1B visa with ABC, never show up for stamping, and one/two years from now wanting to come to the US with DEF . . .

It only goes to show you that changing horses in the middle of the race is never a good option.

[dus184]

Hi,

I thank you for your reply. OPT stands for Optional Practical Training which is a 1 year period for Master's students in US to find a job. I am already in the US and my OPT is valid till July 08.

I have been told by a few immigration people that if our H-1B application gets withdrawn before approval, we maintain our old status i.e. F-1. I do not want the visa from ABC as I will have to work for them only. The company DEF(which is a much better company) wants me to work on my OPT and will sponsor my visa next year.

I have already spoken to ABC and informed them that they can start the withdrawal process and they have told me that they will start doing it. Though the chances of approval are weak as there is no proof of my Master's program completion, since it was filed under the Master's quota. I am confident that it will go for an automatic rejection.

I would be very happy if you could comment on this.

Thank you.

dus184

[topcatin]

Hi dus184,
If the consultant doesnt give you a reciept, it means he hasnt filed and he is just lieing to you. I have been in a similar situation and I have said literally "see you ****...get lost" and just quit. By law he has to show you, you have every right to ask for the reciept because it is your application. He does not have any reciept nor is there any "withdrawal" process on his side,that he has to do. He simply wants to drag on and keep you for sometime and make money out of you. First of all I dont understand how he can apply in Master's quota if you dont have your degree.The employer needs to show transcripts and degree copies? I wouldnt worry about the consultancy and just move on to the new better company.
Do not wait for this fellow on the withdrawal process, I can tell with full-confidence this fellow hasnt done anything on the H1.
All the best
Topcat