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

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 !

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

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Attorney answers 4


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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


I agree with my learned colleagues.


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 Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.