What is the deadline to withdraw approved H1B visa before October 1st.


Sri_SV

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11 hours ago, Sri_SV said:

Hello,

How long before October 1st can I withdraw my H1B approved visa? Is there any deadline to apply for withdrawal if we do not want to proceed with the H1B visa? This is very urgent. Please respond if anybody has the correct information regarding this! Thank you in advance! 

As the employer you can withdraw an H1B at any time you determine you no longer need the employee or position. While USCIS will consider the petition withdrawn upon the date the request is received, they may not act on it right away. There may also be other employer obligations you need to fulfill, and therefore, it is advisable to speak with your immigration attorney regarding this.  

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Thank you for the response! 
Actually, I am on my STEM OPT and with a Full-time employer. But my H1B got picked by a consultancy and also my H1B has been approved. My current employer initially agreed to convert me to contracting with the consultancy but at the last minute they are saying they cannot proceed with the conversion. So now what are my options?
*I have one more chance under STEM OPT next year to file H1B and I do not want to leave my job with the current full time employer.
*Should I withdraw my H1B?
*Can I immediately transfer my H1B once it has been changed on October 1st to my current employer (only if they agree to it) 

* If I withdraw my H1B, continue on OPT and after a few months can I re-obtain my H1B by any chance? 
 

Please provide me with options in this situation! Thank you so much! 

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Most likely, you'll lose the rest of your STEP OPT and you will enter into H1B status on October 1. You will fall out of status after that if you do not join the H1B employer. You can file an H1B petition with another employer after that, but it is possible that the petition is approved for consular processing and you would need to travel outside the U.S. to obtain an H1B visa. 

In this kind of scenario, a strategy discussion with an immigration attorney would be advisable.

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