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How to prevent approved COS to takes place? ---- Please Help

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  • How to prevent approved COS to takes place? ---- Please Help


    Recently my H1B was approved with COS. Currently I am in OPT(EAD card says it expires on Mar’10) DSO informed that my OPT will expire on 30th Sept in the SEVIS system.

    1. Will the date in SEVIS system change to Mar., if my employer revokes H1 before 1st Oct? Note: This takes about approx. 2-6 months. What will be my status during this process?

    2. Can H1B employer sends a notification to USCIS re:"not proceeding with the H-1B on 10/01"?

    3. What do I need to do to go back to OPT and get my original expiration date, Mar.’10?
    Note: If I am not present in the country on 10/01 then the COS will not take place. So, will I get my previous status back automatically?

    I have EAD card (expiry date:Mar.’10 on it) and expired F1 visa stamp. So, I can visit Canada from 09/27 to 10/03 and reenter U.S using AVR 30 day rule.

    4. If I withdraw my H1B petition before 10/1/2009 will I fall in H1B cap if I apply H1B in the future?

    Thank you for time and advice.

  • #2
    You need to ask your ISO/DSO at school these questions. Your status cannot change in SEVIS unless your DSO opens a service request. Your employer may need to provide some documents to DSO.

    In your best interest, your school official should be involved in this than the forum.

    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.