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Can i withdraw from OPT application on Student Visa?

San Jose, CA |

I have applied for OPT in July12 and got first RFE in Dec12.after i replied with additional documents they sent me another RFE on Feb13. Now, Can I withdraw from the OPT application? what are the chances that USCIS will accept my withdrawal? Does my future H1B application if any will be affected due to this?

Attorney Answers 2

  1. You can withdraw but then you also have to consider your 60 day grace period and you cannot use the Cap Gap (bridge) between F-1/OPT to H-1B if you withdraw unless you remain in F-1 status. You can always withdraw prior to a decision but you should consult with your DSO and also a competent immigration attorney prior to you doing so.

  2. I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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