Can i shift from H1B to OPT?

[abc_pqr]

Hi!
I am on my OPT currently and i can be on OPT till Jan 2014.
My company is not an E-verified company and so they filed an H1B for me.

My H1B is approved. I would be in H1B status from October 1st.
On USCIS- " It showed me status as 'Post Decision Activity' and a message as " we mailed
you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.
Please follow any instructions on the notice"

But, i have plans of changing my company and switch over to an E-verified company so i
can use my OPT.

Can i change my company and move to an e-verified company when i am on OPT but my
H1B is approved?
What would be my status after October 1st if i move to other E-verified company? Would it
be F1-OPT or H1B?
To remain on OPT status do i have to change my company before October 1st?
Would going from H1B to OPT affect my H1B application next time i file for my H1B?
I have plans of applying for H1B next year.

[shervin143]

Your status will automatically change to H1B as of Oct 1st and you should be working for the H1B sponsor or you will go out of status on H1B. Also, your OPT will get VOID as of Oct 1st as your H1B petition got approved. If you want to get back to OPT, you need to leave the country before Oct 1st and return back in F1 visa after Oct 1st. Also, you need to talk to your school before you re-enter to reactivate your OPT.

Switching back to F1 will not have any impact on yoru future H1B petitions.

[abc_pqr]

would i be on H1b status even if i change my employer before october 1st(start date of my h1b)?
Is there a way my employer can cancel my h1b so i can get back to my opt?

[txh1b]

If your employer cancels the H1b, you become illegal. You will never go back to your previously held status. You need to talk to your school's ISO.

[abc_pqr]

ok.

So if i change my company before october 1st, then the new company should also sponsor for my H1B. i mean i should have h1b approval notice for new company also.
and if i change my company after october 1st, then the new company should do my h1b transfer.
right?

Also, if i leave and re-enter USA before October 1st, then do i have to take the approval notice papers to consulate and get the h1b visa stamped or i can enter on my opt?

[shervin143]

So if i change my company before october 1st, then the new company should also sponsor for my H1B. i mean i should have h1b approval notice for new company also.
and if i change my company after october 1st, then the new company should do my h1b transfer. right?
>>> You will remain to be in OPT until Oct 1st. Your H1B will be effective only from Oct 1st. So in order to work after Oct 1st, the employer should have filed an H1B transfer using the CAP from your already approved H1B approval notice.

Also, if i leave and re-enter USA before October 1st, then do i have to take the approval notice papers to consulate and get the h1b visa stamped or i can enter on my opt?
>>> It is not advisable to do that. It will cause more status confusions. If you had to leave, return back only after Oct 1st after getting the H1B visa stamped.

[abc_pqr]

and if i change to new company and want to start working there before october 1st then the new company should also file an H1B for me. Correct?

[shervin143]

You don't seem to get it. Your H1B is only after Oct 1st. You won't get H1B before Oct 1st as yu fall under the 2013 CAP. Whatever you want to do before Oct 1st should be in your OPT status. If you just want to work for an employer until Oct 1st, then you can work in OPT and there is no need for the employer to file a H1B. But if you want to continue working for that employer from Oct 1st, then the employer will need to file the H1B transfer before Oct 1st and the documents should reach USCIS before Oct 1st.

and if i change to new company and want to start working there before october 1st then the new company should also file an H1B for me. Correct?

[abc_pqr]

ok.
I got that now..

Thanks a lot..