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  1. #1
    Join Date
    Sep 2009
    Posts
    5

    Default H1b Application Pending, Want to Cancel

    Hi,

    I am on an F-1 visa for my master's degree and my I-20 will expire on may 2010. I got a job on the basis of my bachelor's degree and my employer applied for an H1B on nov 2009 for fiscal year 2010. Apparently, the application is still pending after a strings of RFEs and now I want to work with some different company on my OPT. My employer is neither willing to go for premium processing or cancel the application.


    So, I wanted to know,

    1) CAN AN EMPLOYEE CANCEL THE H1B APPLICATION ON THE BASIS THAT HE NO LONGER WSHES TO WORK FOR THE COMPANY OR THE APPLICATION CAN BE CANCELLED ONLY BY THE EMPLOYER?

    2) IN A SCENARIO WHERE MY H1B CHANGE OF STATUS APPLICATION AND OPT APPLICATION BOTH ARE PENDING, IF MY H1B APPLICATION IS APPROVED FIRST DOES IT AUTOMATICALLY CANCELLS MY OPT AS I AM NO LONGER IN F-1 VISA STATUS?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1b Application Pending, Want to Cancel

    If you're asking if you, as an employee, can somehow cancel an I-129 filed by an employer, that can only be withdrawn by the applicant - in this case, the employer. Note that an I-129 may be filed for multiple prospective employees.

  3. #3
    Join Date
    Sep 2009
    Posts
    5

    Default Re: H1b Application Pending, Want to Cancel

    Thank you verymuch for your reply.

    I also want to know that if I have pending H1b application for fiscal year 2010 ( last year) , then can I apply for h1b in fiscal year 2011? Does the last action rule apply in this scenario? can you throw some light on the scenarios if my FY 2011 H1b application is approved before FY 2010 H1b application, and vice-versa.


    Thank you.

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