thambu2491 Posted July 18, 2015 Report Posted July 18, 2015 My H1B got approved this year and it will be active from OCT. I am presently on my OPT which is valid till Jan 2016 , and then I have my STEM extension too. The reason I want to cancel my H1B is , my employer is a on layoff spree (Oil and Gas ) industry and they might lay me off , that might be even in the starting of Oct or in a few weeks. So I want to get back on my F1 status and try again in the coming two years. Is it possible?
jairichi Posted July 19, 2015 Report Posted July 19, 2015 On Oct 1st exit and enter US with a valid F1 visa and supporting documents to stay on OPT. If employer revokes your H1B petition before 1st Oct that H1B is gone and you need to go under cap again.
JoeF Posted July 19, 2015 Report Posted July 19, 2015 You can't cancel anything.T he H1 is the employer's application, only the employer can have it revoked.
thambu2491 Posted July 20, 2015 Author Report Posted July 20, 2015 If employer agrees to revoke before Oct 1st , will i get back in F1 status?
JoeF Posted July 20, 2015 Report Posted July 20, 2015 You can't get "back" to F1, you are still in F1 status. If the H1 gets revoked before it's start date, you continue to be in your current status, which is F1.
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