Getting Back to OPT with H1B petition being approved ? Immediate response is appreciated

Asked 12 months ago - Columbia, SC

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 !

Additional information

Any immediate help/reply would be appreciated.
Thank You !

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . 1. Yes Talking to your DSO and the the employer.
    2. No, You would be CAP exempt.
    3. Yes
    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.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Tripti Sharad Sharma


    Contributor Level 19


    Lawyers agree

    Answered . 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.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Olga Bychok

    Contributor Level 17


    Lawyers agree

    Answered . I agree with my learned colleagues.

  4. Anu Gupta


    Contributor Level 19


    Lawyer agrees

    Answered . 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.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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