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Cancel the H1B.

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  • Cancel the H1B.

    Dear All,

    I am on OPT F1 visa right now. my OPT will expire on july-2012. my employer file a H1B last month and we got H1B approval few days back. the start date on H1B visa is from 27th december 2011 to 27th december 2014.

    My question is, i am on F1 Visa right now till 27 december-2011. if my employer will cancel the H1B
    or revoke this H1B. will it be possible to work as on OPT? can i stay here on F1 Status? Will i change the employer on OPT during january?

    thanks for your answers in advance

    Regards,

    Chirag

  • #2
    Even if your employer send the request to revoke the H1B petition, it will not happen immediately. It will take a couple of months or more. Your best option is to leave the country (return all your I-94s including the one that came with your H1B approval notice) before your H1B becomes effective and return back in F1 status after the H1B effective date. That will put you back on F1 status (Provided you still qualify for F1).
    Not a legal advice. Use of this information is strictly at your own risk.

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