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Jayanth Nanduri

H1B Received RFE and Pending

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F-1 STEM OPT with H1B Pending Wants to Stay in STEM OPT:

I am on Valid STEM OPT right now, my H1B filed in April 2019 and got an RFE on July 2019. I have a better offer in hand. So, on August 29th 2019, I asked my Employer to revoke it  my H1B Petition, He is refusing to revoke it because, If approved and I leave the company within one year of approval date oh H1B, I need to pay $10000 for leaving the company after H1B approval. My Employer doesn't have any policy on revoking.  Last date to reply RFE is October 18th 2019.

My employer is not responding to my emails right now, I am in a helpless situation.

Questions:

1)What to do when employer is not revoking H1B petition?

2)Can I give resignation on October 8th 2019  when H1B is in Pending status?

3)If yes for 2 Question After I resign Will he be able to send reply to my RFE? If reply to RFE sent and Employer gets an Approval, I may loose my STEM OPT. What are my options here? 

I want to stay on STEM OPT and change my employer. 

 

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It is illegal for an employer to ask for money when leaving the company.

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Thank you for your Reply, Can you advice on below questions?

 

Can I give resignation on October 8th 2019  when H1B is in Pending status?

If yes for 2 Question After I resign Will he be able to send reply to my RFE? If reply to RFE sent and Employer gets an Approval, I may loose my STEM OPT. What are my options here?

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