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  • Withdrawl of H1B

    Hi,

    I filed for H1B through employer "A" but then I got opportunity in company "B". I could not work for company "A". I got RFE on my H1B application but now I have to withdraw my H1B application as I am not involved any more with company "A". I am on OPT. My employer "A" has no issues with such a job transfer. If I withdraw my H1B application now, will that have any harm when I apply for next year for H1B through my new employer? I also want to make use of OPT extension.
    But not sure what effect it will have on my H1B application next year, as I was selected in lottery, this year.

    Thanks

  • #2
    Originally posted by shrikant_fromchicago
    Hi,

    I filed for H1B through employer "A" but then I got opportunity in company "B". I could not work for company "A". I got RFE on my H1B application but now I have to withdraw my H1B application as I am not involved any more with company "A". I am on OPT. My employer "A" has no issues with such a job transfer. If I withdraw my H1B application now, will that have any harm when I apply for next year for H1B through my new employer? I also want to make use of OPT extension.
    But not sure what effect it will have on my H1B application next year, as I was selected in lottery, this year.

    Thanks

    Did you get RFE during H1B transfer (from A to B) or still your H1B is pending (From A)?

    Comment


    • #3
      You should read this thread.



      Withdrawal of H1b may take a while and if the H1b gets approved inbetween, you are toast with no status as F1 is terminated and H1b is withdrawn.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Thanks for the reply.. original H1B is still pending due to RFE

        Thanks for the reply.

        My original H1B application is still pending due to RFE on my application. As I am no more with employer "A" (I got opportunity with employer "B"), he suggested to withdraw the H1B application for him i.e."A".

        My H1B application can not be approved , if I (A) do not respond to RFE. My employer "A" suggested to cancel it and use OPT extension.

        Does this H1B withdrawl is going to affect my future H1B (Through "B")application / lottery selection next year ?

        Thanks.
        P.S. I am very well known that I can not cancel it , my employer "A" has to cancel it as H1B is filied by employer and not by beneficiary.

        Comment


        • #5
          It will not restrict you from getting a H1b in the future. Just ensure that this H1b COS does not get approved. But what if you are not so lucky anymore next year? Take the H1b if you got through the lottery.
          Last edited by txh1b; 07-01-2008, 07:34 PM.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment

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