resigning whille H1b pending

[raditz84]

Currently on opt. a desi consultancy filed for h1b which is in pending status.
I did not like their marketing procedure therefore sent them an resignation letter. however they are refusing to withdraw my h1b application which if approved can cause problem with my status.

Is there anyway I can inform uscis that I have quit the job and the petition is no longer valid.

Any kind of advice would be a great help

thanks in advance

[DMX17]

http://www.immihelp.com/forum/showthread.php?t=44048

[DMX17]

H1 is an employer's petition. You cannot do anything about it.

I think you may be in trouble in that you are on OPT and you cannot travel because, in order to re-enter on OPT, you need to have a job or a job offer along with visa/I-20. This will prevent you from traveling and re-entering. Traveling/re-enter abandons the Change of Status that may have been requested by the employer.

Is your F1 visa valid? What do you plan to do in future? Do you want to transfer your H1 to some other employer or go back to school? Or go out of the U.S.?

Put everything on the table.

[raditz84]

currently my opt is valid upto jan. I want to continue looking for job on my own. If nothing happens i would like to go back to college for masters from jan.

[DMX17]

When your H1 is approved, your status will change to H1 on Oct 1st and OPT and F1 status will end. From this date on, you should be working for the employer who file the H1. You can transfer the H1 to the new employer if you have the H1 approval notice copy. This was already advised in your earlier post.

Come Oct 1st, if you cannot find a job and cannot transfer the H1, you should leave the country before Oct 1st or you will accrue out of status time.

If you have a valid F1 visa in Jan 2009, you can come back in Jan 2009 with a new I-20 from the school. This will be a new sevis record.

This is what I can think of. I could be wrong. Consult an attorney. Talk to School DSO.