Withdrawal of Pending H-1B Application

Over the past few days we have been asked on numerous occasions – what happens to my OPT when my H-1B is approved? Can I withdraw my H-1B?
Background.  This question is prompted mainly by the new OPT extension rule which went into effect recently.  (See our previous posts for more details as we wrote extensively on this topic.)  Many OPT holders applied for their H-1B visas this April and are eagerly awaiting the outcome.  However, for many OPT holders, the April 2008 OPT rule extends their OPT duration by as much as 17  months.  Thus, some have asked us what are their options.

Answer.  The answer is, if you would like to stay on OPT longer you must withdraw your H-1B application.  It is important to note that once the H-1B application is approved and if it was filed as a “change of status,” then your OPT is cancelled automatically.  Therefore, prompt action may be necessary.  Another important note is that only the employer may submit withdrawal of the H-1B application since the application is technically filed by the employer.

If you need professional assistance with your OPT/H-1B visa applications please contact us.