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H1B cancellation before 1st Oct

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  • H1B cancellation before 1st Oct

    I have query about H1B visa cancellation. I had F1 visa(currently I am on OPT valid upto Jan 6th 2009), and then a consultancy company sponsored for my H1B visa. H1B visa got approved (May2008) and the active date is 1st Oct 2008. Things did not work out with consultancy company and they want to cancel my H1B now. They have not cancelled it. Now if the employer cancels it before 1st Oct will I be able to retain my F1 visa? Or cancellation just by the employer is not enough and INS needs to cancel it before 1st Oct to retain my F1 visa?
    Can anyone clear my doubt??

  • #2
    I have been telling over and over again on the forum that once a H1b COS is approved, you lose your previously held F1/OPT status as of Oct 1st. There is no way you can go back on F1/OPT if the H1b gets canceled. You just happen to lose your status entirely and become illegal.

    Find another employer NOW and get the H1b transferred.

    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.


    • #3
      Reinstate L1. Urgent.

      I'm in L1B which is valid till March,2009. I have approved H1B with COS. If i have to continue in L1B after October 1st, What i have to do?

      I Read the 'Leap Frog' Rule.

      Can i travel to canada and come back to U.S after Oct 1st?


      I have to leave U.S before Oct 1st and Come back after Oct 1st?

      Pls advice.