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About avsk

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  1. I am an F-1 student, OPT started June 2018. Company A applied my H-1 COS and it got picked in May 2018. However I did not join A. They requested USCIS to withdraw my petition after it got approved in September 2018, before the change of status took effect. Company B where I joined applied for a H-1 transfer based on previous approval and the transfer got approved in June 2019 while the withdrawal was still pending. USCIS finally sent withdrawal for A's petition in July 2019. However, my company B is not inclined to activate the newly approved consular H-1B. They say that the previous H-1 was withdrawn before it took effect and that I would face issues in future USCIS applications. Can my employer B, apply for H-1B under cap subject again in 2020 without withdrawing their previous consular petition or while the withdrawal is pending? Will USCIS process the new I-129 application?
  2. I am a masters student and was initially on OPT. Company A filed for my H-1B in COS which got picked in May 2018. I rejected their offer and joined company B in June 2018. Company A requested H-1 withdrawal on Sep 17, 2018 before COS took effect. However, my school DSO said they could not do the SEVIS data fix without revocation notice from USCIS. They mentioned I can continue to work with pending data fix in company B, until OPT expires. Until now, company A's withdrawal is still pending with USCIS and I did not get revocation notice yet. My OPT expired on June 10, 2019. My DSO mentioned they cannot issue the i20 for the stem extension without the SEVIS data fix. So, Company B applied for stem extension without the i20 and with a letter from DSO explaining my situation.Additionally, on May 20, 2019, in order to force USCIS to withdraw Company A's H-1 and get the revocation notice, B filed a PP consular cap counted H-1 transfer based on the Company A's I-797 approval notice. But the H-1B transfer got approved. 1. What is my status if my stem extension application gets rejected. 2.. I never worked for company A, so when I go for visa stamping, will my H-1B with company B get rejected? 3. Once company A's withdrawal is processed and USCIS realizes I never worked for company A, what happens to the H1 transfer that is approved , will it get revoked? 4. Can you please suggest how I can solve my issue?