I was on my OPT and since I was in STEM branch I also had an OPT extension till SEP 2014. Since, I got my H1B approved in June 2013, I went to Cap-Gap OPT and my H1B would start on October 1st. But, now due to certain situations at my office, I want to go back to F1-OPT .
1) Can I go back to F1-OPT and what is the process ? Since I have very less time to go through this process as October 1st is approaching ?
2) Since, I have already been approved H1B once through lottery system ? If I join new company and if they are ready to file my H1B next year April 2014, will my petition has to go through lottery again ?
3) Can USCIS reject my H1B (next year 2014) petition since I did not take once approved H1B petiion ?
Any help/reply on this could be appreciated .
Thank You !
Any immediate help/reply would be appreciated. Thank You !
1. Yes Talking to your DSO and the the employer.
2. No, You would be CAP exempt.
Instead of asking for help/reply on AVVO and promising appreciation, you should schedule a consultation with an immigration attorney locally and in person. Might not be free, but would be much more useful for you.
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To change status you have to maintain status. You will not be subject to the cap however I hope you have convincing reason why you did not join your H-1B employer and chose to revert back to F-1. The new H-1B is unlikely to get rejected.
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Talk to the DSO to see when/how you can revert to student status. You are cap exempt as one H1 was approved for you. You will not be counted in the quota again.
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