complex F1 and H1 problem

[immiprobmess]

I am phd student on pre completion phd OPT and have valid I 20 till next year. My F1 stamp on the passport has expired though. I also have got my H1 B approved through a consulting company which starts October 1st ,2008. In the mean time I have to be in India for some personal reason.
I would not like to come back with a H1 stamp because I have not started working yet and have no paystubs. My employer told me that this would create a problem and I will not get a H1. SO my back up plan is to get my F1 stamped before october 1st and then come back to the county sometimes in Nov . My question is if I come back on F1, will the approved H1B get void? what sort of problems I might get into at the port of entry. It is really urgent and would appreciate an answer.

[Subramanya]

H1 Dilemma

I am phd student on pre completion phd OPT and have valid I 20 till next year. My F1 stamp on the passport has expired though. I also have got my H1 B approved through a consulting company which starts October 1st ,2008. In the mean time I have to be in India for some personal reason.
I would not like to come back with a H1 stamp because I have not started working yet and have no paystubs. My employer told me that this would create a problem and I will not get a H1. SO my back up plan is to get my F1 stamped before october 1st and then come back to the county sometimes in Nov . My question is if I come back on F1, will the approved H1B get void? what sort of problems I might get into at the port of entry. It is really urgent and would appreciate an answer

---- If you do not want to join your H1 employer immediately, you can negotiate with them and request a later joining date. Otherwise since you are going out of the country you should come back to US with a H1 Visa to join them and start working for them

---- On the other hand, your F1 will cease from Oct 1 and you will be on H1. If you continue to be in the US, there is no problem if you join the company sponsoring H1. The issue here is you are leaving the country and returning back on F1. But as above your F1 will cease from Oct 1

---- It will be wise to get your H1 stamped and return to US and start with H1, unless you have decided not to join this company. You do not need any pay stubs as this is your first H1 and obviously there will be no pay stubs, excepting your OPt related payments

---- Alternately, if you do not wish to join this company, seek a transfer either now or after joining the company

Subramanya