Need to know how to Revoke my H1B

[satopaz]

Hello All,

I need your help to find me a way to maintain my status. I am a F1 student who is working under OPT. I used to work as a W2 Consultant under a company. This year my company has filed my H1B and it has approved. As I used to work as W2 consultant, therefore my salary was hourly based. Currently the client project has ended up abruptly for which my contract has terminated. After that I have asked my consultant company to find a new job, somehow they are not cooperating me at all to find a new job. By this time I a have already manged a couple of jobs but my company somehow asking an unexpected rate for corp to corp for which these companies are not continuing anymore. I have still 8 months left in my OPT extension and I would to stay with that status. So in that case if I want to discontinue my H1B and would like to continue with OPT EAD what I have to do?

Let me wrap up the whole issue below:

1. If my status goes from OPT to H1B after October, is there anyway to cancel it?
2. As I have selected to H1B in that case , next year in April, if someone would like file my H1B, in that case do i have to go through lottery again?

Thank you

[kabkaba]

Leave the US before Oct 1 and return with F1 Visa after Oct 1. That will invalidate the change of stauts and your status will remain F1. Also, inform your school's DSO so that they can keep your SEVIS record active.

Another employer can generally file cap-exempt petition for you at any time. However, recently USCIS has changed their policy and they may revoke the H1B petition and not allow you to be cap-exempt. An experienced immigration lawyer may be able to answer.