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H1b revoke

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Lovelife

Junior Member
What is the name of your state? DE

Thank you for letting you post here first.

I describe my case first. I am in the OPT right now, and the company applied for H1b for me.
Later, due to various reason I got laid off very recently. My H1b got approved already, but it will activated on Oct 1st. Now I get an admission from a University right now, and I am wondering if I can go to school right now. My OPT will expire on Sept 30th. My question is should I apply F1 now, or I only need to get I-20 from school.

Some lawyers told me I only need to get the I-20 and let the company to revoke the H1b before Oct 1st, but some said I must refile F1 even the company revoke the H1b before Oct 1st. If I need to refile F1, which form I should use? I-539 or some else?

I am in the urgent situation, thanks for those who can provide legal advice. Thanks a lot.

Sincerely
 



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