Cancelling H1B petition

[jinneebhat]

I have a COS from L2 to H1. I am working for a company A on EAD. Hearing my H1 COS they have promised H1B application for next year if I forgo my current H1B petition. The H1B is from a desi consultant.

I wish to know how can I forgo a H1B petition?

Also, if I do so, will there be a risk for my new H1b application in the future?

Also, do I need to reapply for my COS back to L2 and reapply the EAD?

Someone pl reply as I do not have much time left to decide

[JyothiReddy]

as you once said in your earlier posts that your petition approved with COS, nothing can be done now.you will be on H1 from Oct 01, 2007(you no longer will be on L2..and EAD will be invalid).you can not forgo H1 being in US...

but 2 options:
-->if you again want COS back from H1 to L2 you can do that(form I-539)..anyways it will take 3 to 4 months..and apply for EAD(will take 3 months min)and then start working.

-->go out of US before Oct 01, 2007 and come on L2 status while reenter.

there can be a problem in the future with the H1 employer @ the time of green card application/ or USCIS might think something fishy going(COS from L2 to H1 and then COS from H1 to L2 etc etc..they dont understand your intention to be on L2/H1)