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H1 application withdrawn - status pending; will this create an issue with my opt

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  • H1 application withdrawn - status pending; will this create an issue with my opt

    Hello Admin/Users,

    Here's my situation in detail:

    I work full-time for a very good company using my stem OPT, since this is a non-profit I had no interest in applying H1 through this company. I got an opportunity through a staffing company meanwhile which promised me to get to a good client from October 1st and applied my H1 as my future employer.

    I have never started working for staffing company - Now I got RFE with staffing company and all of a sudden they had no interest in submitting the RFE as they have lost the client and saw no reason offering my H1. I too did not see much future with them so we mutually agreed to withdraw that H1.

    Rfe submission deadline date - October 23rd.

    Staffing company sent the H1 withdraw request on Oct 17th.

    All this time I have been working full-time with my old company thinking I can later move and apply H1 next year.


    1. Will USCIS consider H1 withdraw request after October 1st? If yes, withdrawing my H1 would get me into any trouble with my current OPT?

    2. If withdraw request did not get into time, if USCIS consider to deny my H1-Application, would that affect my current OPT status?

    3. Part of my RFE is to prove whether did I maintain F1 status legally, not submitting this would create any problem with my OPT? I have seen some cases where while denying H1 they said person is unlawfully staying in US and must leave. (All because they did not submit RFE properly and lost OPT as well).

    I did not think I would get into trouble as such. Now I have two offers with major companies trying to recruit me on OPT and promise to apply H1 next year. Not sure whether my OPT gets into trouble here and afraid to make a move. Not sure when will I get to know that my H1 application is successfully withdrawn or denied without any affect to OPT.

    Please help. Totally appreciate your time reading this. thanks a lot.