H1-B withdrawal and status of OPT after that

[cheenuuu]

Hi,

I currently have a H1-B filed for me by company "A" for FY 2010. It is being processed and I was sent an RFE. I have sent the required evidence for that. However, after sending the required evidence, I decided not to join this company A, but accept another offer by company B. I have still not started working for company A. Company A is now going to withdraw their application for H1-B. My OPT starts in on Jul 2nd 2009. I have not yet started either my OPT or H1-B. I am currently on F-1. My questions are

1. Will company A's withdrawal of H1-B affect my OPT or my current F-1 status? Will I be able to work for Company B using my OPT from Jul 2nd?
2. Will it affect any future H1-B filing for me by company B?

Please let me know.

Thanks
Srini

[kabkaba]

You can join B on Jul 2, if the work is in your field of study.
If B's H1 petition is approved, you can continue working after Oct 1 on H1.

[cheenuuu]

Thanks for the reply.

What if B's H1B is not approved? Can I still continue working after Oct 1 on OPT?

[kabkaba]

Yes, you can. Denial notice will state that change of status was also denied.

[cheenuuu]

I apologize for another post. But I want to make sure -

My employer A has sent withdrawal notice to USCIS. But suppose USCIS has approved the H1B before the withdrawal notice reaches USCIS. Now what happens? My H1B becomes void anyway? And there is no change of status on Oct 1 and I will remain on the OPT even after Oct 1 (assuming I don't file any other H1B from any other employer)?

Thanks a ton!

[kabkaba]

I apologize for another post. But I want to make sure -

My employer A has sent withdrawal notice to USCIS. But suppose USCIS has approved the H1B before the withdrawal notice reaches USCIS. Now what happens? My H1B becomes void anyway? And there is no change of status on Oct 1 and I will remain on the OPT even after Oct 1 (assuming I don't file any other H1B from any other employer)?

Thanks a ton!

If USCIS has approved the H1B before the withdrawal notice reaches USCIS, your new employer needs to file a cap-exempt H1 petition before October 1, so that you can continue working with them.

[sachhhh]

same problem

please be advise whats happen with you...............?
please

[helpvamsi]

Similar kind of problem:

Hi Kabkaba
Please advice, I am in a similar situation:

Came for Masters and started working on CPT and OPT and got fulltime in a company and in 2009 I got opt extension and company applied for H1B,
Company laid me off, unemployed for 2 months after layoff. Got another new Job(in August) in the same field; this new company was not e-verified, so to start work immediately I went to school for F1 transfer and applied for CPT, I was not given CPT till the start date of classes(CPT suppose to start on OCT 19); the new company applied H1(PP) on sept 8 2009 and got a REF(Sept 22). They replied to ref and got approval(OCT 16) and new company decided to cancel position and withdraw the H1, applied for withdrawal on (OCT 19), they did'nt told me about the approval. I assumed that they are not going to apply for the REF and send an application to revoke the I-129

but since the H1 got approved OCT 19th my new F1 got terminated in SEVIS, my DSO told me recently(Nov 3rd)

I am out of status and need to reinstate the F1.
I am going to apply for this reinstatement(I-593) with a letter creating an impression that I want to continue education and the H1B approval and F1 termination was not my fault and completely under not my control;

question:
I spoke to a consultant and the lawyer with whom he works tells that.
Come in to status by applying I-593 first and we can start H1 based on the approval. and since you are not in status, it wont be possible to apply for H1.

Reinstatement would take 5-8 month time.

So after I get a reinstatement, ill be on F1, and when I apply for H1 do I go in to CAP; or can I have exemption?
If I doesn't fall in to exemption, the reinstatement would take up to june-july 2010 and I may not get a chance to apply for H1 based on Cap.
If I am exempted I can get rid of huge pressure, I can apply for H1 when I get the status.



If I wont fall in exemption my idea is not to apply for H1 and move out of country and apply for H1 for 2011, if i get an approval i can get it stamped and enter USA.


please advice.

thanks Vamsi

[bhaveshkasliwal30]

Reactivate OPT after H1-B (not active) withdrawal (sent after Oct 1)

Hi,

I am also in a similar situation. Please help/advice me what to do.

I graduated in May 2018 and I am on OPT since July 2018. I was about to join an employer A who filed for my H1-B, which later got approved. But never joined that employer A. I was asking them to withdraw my H1-B application even before they were about to submit an H1-B petition for me, but still, they did apply.

Instead, I joined another employer B and was working on OPT. On October 4th, I was informed by my college that SEVIS has ended my OPT because according to them my H1-B got approved and I am on H1-B. But since I never joined employer A, who filed for my H1-B, my H1-B never started. I asked employer A to file for an H1-B withdrawal and have done the same now (after Oct 1).

So, my H1-B has not started yet. Will I be able to get back to OPT, if my college requests SEVIS to do so? Will it be possible for my college to do so, given that the date mentioned on my withdrawal receipt will be on after Oct 1.