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H1B Approved - Hend neede to Withdraw the application and go for OPT extension

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  • H1B Approved - Hend neede to Withdraw the application and go for OPT extension

    Hi all,

    I have a strange situation. I have applied for my H1 and got for 6 months. In the mean time I got to know from my Designated school official that my program is included in STEM so I can avail 17months OPT Extension. So I applied for my OPT extension too, i got my OPT extension for 17 months today.

    So I want to cancel my H1 from my employer as it is for 6 months.

    01.If I cancel my H1B this year, will it be any problem to apply for the next year.(Will they deny my H1 next year because I withdrawn my application).
    02. If I cancel my H1, Can I avail total 6 years of my H1, If I get my H1B approval next year.

    03. If I withdraw my H1, will it impact my employers rating at USCIS.
    04. IF I withdraw my H1, Do I need to leave my current employer?

    Please respond. Thank You

  • #2
    A lot depends on mode of approval of the H1 petition. If H1 petition is approved with change of status (I-94 at the bottom of approval notice) then things get complicated.
    I assume the H1 start date is Oct 1.
    Your employer can withdraw the petition before change of status goes into effect. But, the petition will have already triggered your SEVIS record and OPT to end. Your DSO will then have to request a SEVIS data fix to again make your SEVIS record active. The results of such a data-fix take a long time and it may not get done at all.
    Another thing you can try is to leave the country before Oct 1 and return on F1 Visa after Oct 1. This will void the change of status to H1 and also keep the H1 petition valid in case your employer wants to change status later. The risk in this being that SEVIS inactivation may make re-entry impossible. You will also need a valid F1 Visa in order to re-enter.
    Only the period you spend in US in H1 status counts towards the 6 years. So if you manage to change your status back to F1 by above means, that period will not count.

    You can work for any eVerified employer while on OPT extension as long as your status is F1. Once your status changes to H1 you must work for the sponsoring employer.
    This is my opinion and not legal advice.