H1B withdrawal and going back to F-1 Status

Yelp / Eng emjn77
Sep 7 18 Comments

I received offer from a Company A which filed for my H1b and it got approved in June and by then I decided not to join Company A and asked them to withdraw. They sent a withdrawal notice to USCIS immediately after that and it has be received by them. I do have the mail chain from the company A's lawyers and the tracking id of the withdrawal letter sent. Its been two months and still USCIS hasnt sent or updated the case status(it still shows as received). I am on my intial OPT and started working for Company B. Now Oct 1st is approaching where my status will change automatically unless its already withdrawn for which I have no information. I have informed my school's DSO and Company A's immigration lawyers about this.
Can anyone help me identify what my status will be after 1st?
I called USCIS help desk and they told the receipt number is not associated with my account any more and dont know when the system will update it.

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TOP 18 Comments
  • Cisco
    h2018

    Cisco

    PRE
    eBay
    h2018more
    The day your lawyer sent withdrawal request should be earlier than October 1. USCIS takes lot of time to acknowledge that request and send you (to your attorney) confirmation. You have to forward it to your school DSO to fix the your data in the SEVIS Portal. I believe , as long as your withdrawal request was sent before Oct 1, you will be fine even if you are still waiting to get your SEVIS Data fix post Oct 1. I highly recommend to get these factually verified by a legal attorney and more importantly your previous company attorney should be able to guide you through this process.
    Sep 7 5
    • Yelp / Eng emjn77
      OP
      Hey, thanks for info. So the withdrawal request was sent on July 3rd and I do have proof of that. My previous company attorney had confirmed that they did indeed sent a withdrawal request. I am in constant touch with them and my school DSO. I have informed my current companies attorney and am waiting for updates. I just wanted to know how Oct 1 will affect my status.
      Sep 7
    • Cisco
      h2018

      Cisco

      PRE
      eBay
      h2018more
      That’s only half job. You need ack receipt from USCIS. Oct1 - automatically your status will change to H1B. Because of which, as soon as you receive ack receipt for H1B withdrawal, send it to your school DSO to do SEVIS DATA FIX. Keep in touch with them. These processes takes weeks some times.
      Since you have withdrawal confirmation, you will not problem even after Oct 1. Don’t worry
      Sep 7
    • Yelp / Eng emjn77
      OP
      If I get the ack from USCIS post Oct 1, I can use it correct my Sevis data right? Because right now I only have the words of the attorney and fedex shipment as a proof of my withdrawal.
      Sep 7
    • Cisco
      h2018

      Cisco

      PRE
      eBay
      h2018more
      You need ack receipt to correct SEVIS data fix. If you receive it post Oct1, you can still talk to DSO to get it corrected. What did your DSO have to say about it?
      Sep 8
    • Yelp TCisBae
      DSO said to forward her the ack or even the screenshot so that she can make the change in SEVIS by calling the help desk. Only thing I have to is wait for ack now.
      Sep 8
  • tekzenit, Inc. M@n0
    This seems to be an unusual situation and might be grey area for many. only your attorneys can give you the best information.
    Sep 7 0
  • Credit Karma Fries 🍟
    Wow was company A so bad that you let the H1B go?
    Sep 7 7
    • Yelp / Eng emjn77
      OP
      Yelp
      Sep 7
    • Credit Karma Fries 🍟
      IMO you should have waited.
      If you don't get it next year, you would be so much tensed now
      Sep 7
    • Oracle larry_off
      Yelp is located in other countries. So OP need not worry about H-1B. He can switch to a different country and come back. Staying in FAANG and other tech companies is a good solution for H-1Bs.
      Sep 7
    • Credit Karma Fries 🍟
      Yelp has international offices?
      Wow. I didn't got H1B so I am trying to switch to companies with international offices. I didn't knew Yelp is one of them, I am in interview process with them.
      Thanks @Oracle
      Sep 7
    • Oracle larry_off
      Yelp does. But it is not a big development center. Development center is in SF. So you will have to work remotely. Last time I spoke with Yelp, they said not much Development happens outside US. Where as for FAANG, and other tech firms, they have actual development centers.
      Sep 7
  • Microsoft / Eng embeddedsw
    OP, any update on this? I am in the exact same scenario.
    Oct 8 0
  • Lesson learned: A bird in hand is worth two in the bush
    Sep 7 0
  • Kabbage / Data fxnM15
    Get a lawyer. Blind is not the place for this.
    Sep 7 0