H1B/ F1-OPT Visa/ Travelling out of US

[foakslag]

I have the following approved:

1) EAD Card, and F1-OPT commencing 1st August
2) H1B Change of Status with Company A as of 1st October

My job offer with Company A starts in Jan 2015.

I will be travelling out of the US this week and returning early September (dates are fixed as I have important events to attend to out of US/ and in the US). I will be staying in the US from Sept to Dec 2014.

I am considering another job offer with Company B that commences in late October thus I would like to know how best I should handle my visa statuses so that I will still have the option of starting with Company B if I decide to when I return in September.



A) I would like to enter the US on my F-visa and I understand that by 1st October (while I am still in the US), my status will change to H1B status automatically.

Questions:

1) Would I be able to be on H1B status without employment from Oct onwards? If I eventually choose to work with Company A (that starts in Jan 2015), am I legally allowed to be 'hanging around' US without working for them between Oct - Jan?
2) If instead I choose to work for Company B in late Oct, would it be possible for Company B to get a transfer of my H1B from Company A even though I have not started working with Company A and that they are the only who petitioned it for me? Or would it be up to Company A's prerogative to transfer or cancel my H1B altogether?

B) The other option would be to request for my Change of Status to happen later in the year (possibly Nov), would that be possible?

Thanks for any input!

[raghvi]

When you say your H1 has been approved , do you mean you received an I797 with a new I94 at the bottom?

[foakslag]

When you say your H1 has been approved , do you mean you received an I797 with a new I94 at the bottom?

Thank you very much for your reply. Yes you are correct. I received an I-797 with a new I94 at the bottom.

[raghvi]

Well in that case if you return before 01-Oct-2014 even if on F1, then on Oct 1st you automatically move to H1 status and must work and get paid from that day onwards otherwise you would go out of status.
If you don't want that to happen advisable to return after COS date and then file a COS again.

This is my opinion not legal advice.

[foakslag]

Well in that case if you return before 01-Oct-2014 even if on F1, then on Oct 1st you automatically move to H1 status and must work and get paid from that day onwards otherwise you would go out of status.
If you don't want that to happen advisable to return after COS date and then file a COS again.

This is my opinion not legal advice.

Thank you for your advice. I will have to enter US in Sept either on F-visa or as a visitor. May I know if I were to leave the country (say, go to Canada) day before Oct 1, and come back in on Oct 2 using my F-visa, will my OPT status still hold? I am hoping to keep the OPT status for as long as I can (Expiring in Nov - as I stay unemployed throughout), so that I can still keep my option open to start with another firm anytime between Sept and Nov.

If this is possible, would you then advise I come into US in Sept on F or as a visitor?

Thanks.