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Can employee cancel H1b application? ny help appreciated

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  • Can employee cancel H1b application? ny help appreciated

    Hi,

    After an employer files for the H1b and before the H1 is apporoved, can the employee file for cancelling the H1 (what is the procedure)? Or can it be done only by the employer?

    Or should the employee just inform the employer that (s)he is resigning/ not interested. But, what happens if the employer forgets to inform the INS about the resignation? (or is there a motivation for the employer not to report resignation, in the sense that does the employer need to pay additional fees to cancel the H1)?

    Now with regards to the employee(already staying in US even before the H1 was filed), would he continue to remain on the previous visa/status once the H1b application is cancelled (even before it was apporved).

    Thanks,

    -Dave

  • #2
    Hi,

    After an employer files for the H1b and before the H1 is apporoved, can the employee file for cancelling the H1 (what is the procedure)? Or can it be done only by the employer?

    Or should the employee just inform the employer that (s)he is resigning/ not interested. But, what happens if the employer forgets to inform the INS about the resignation? (or is there a motivation for the employer not to report resignation, in the sense that does the employer need to pay additional fees to cancel the H1)?

    Now with regards to the employee(already staying in US even before the H1 was filed), would he continue to remain on the previous visa/status once the H1b application is cancelled (even before it was apporved).

    Thanks,

    -Dave

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