Am I holding H1B status now or F1 status Now

[daweigedavid]

Hi, I have an urgent question to ask.

2 week ago I am working at a cap-exempt university in US using my F1 visa on OPT, and my OPT (with all the extensions) expires at Jan 2018, so I still got a couple month left on OPT. In early September my cap-exempt employee files H1-B petition for me and now the USCIS status page says case was approved.

Due to some unforeseen circumstance,I can expect that my employment won't last long since funding was not approved. I plan to go back to school full-time and pursue another master degree. I wonder if I get admission before Jan 2018, do I still need to file a change of status form? Or the question I want to ask is, am I on H1b or F1 now. The transition period is confusing. Thank you very much for your help.

Best,
David

[scientist2016]

It depends on whether the H1 was filed as COS. If indeed it was, (you will get a new I94 attached to your I797), then you are on H1 from the date mentioned on the form.

[daweigedavid]

It depends on whether the H1 was filed as COS. If indeed it was, (you will get a new I94 attached to your I797), then you are on H1 from the date mentioned on the form.

Thank you very much for your reply. I haven't receive the I797 approval notice yet. According to you, before the start date mentioned in I797, I am still an F1, and ffter that date I am a H1 status holder?

Thank you