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?