Switching from H1B to F1 and back to H1B

[shahbaz]

Hi,
My current and first H1 expires on June 30, 2007, from a cap-exempt org. Most probably, it will not be renewed. I have a job offer from a for-profit that is subject to cap. Earliest I can apply for approval for this job is April 1 and the start date is Oct 1. There will be a gap of 90 days between my two jobs and visas. I want to remain in the US for that time and plan to switch to F1 starting July 1. Here are my questions.
1. In order to make the cap, I will submit I-129 for the new job in the first week of April and with premium processing, I'd hopefully get approval in two weeks, with job start date of Oct 1. If I change status to F1 from July 1, will this approval become invalid or cancelled?
2. How will I switch back to H1 on Oct 1 if the I-797 remains valid? Will I have to file a change of status?
Urgent response will be greatly appreciated. I want help in deciding what to do.
Thanks a lot.

[axaa]

1. In order to make the cap, I will submit I-129 for the new job in the first week of April and with premium processing, I'd hopefully get approval in two weeks, with job start date of Oct 1. If I change status to F1 from July 1, will this approval become invalid or cancelled?

Going back to F1 is not going to cancel you Approved I 797. Once the I797 is apporved it is not impacted by your current status eg. F1, OPT, in India or on another H1.

2. How will I switch back to H1 on Oct 1 if the I-797 remains valid? Will I have to file a change of status?

Thanks a lot.

http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/janqtr/8cfr248.3.htm

From F1 to H1 u do not to file Change of status. Your change of status is taken care of on the I129. You new company lawer handling I129 should take care of it. On I129 form Part 2 -> 5b.

"a) Change of status on Form I-129. An employer seeking the services
of an alien as an E-1, E-2, H-1A, H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2,
P-1, P-2, P-3, Q-1, R-1, or TC nonimmigrant, must, where the alien is
already in the U.S. and does not currently hold such status, apply for a
change of status on Form I-129. The form must be filed with the fee
required in Sec. 103.7 of this chapter and the initial evidence
specified in Sec. 214.2 of this chapter and on the petition form.
Dependents holding derivative status may be included in the petition if
the form is for only one worker. In all other cases, dependents of the
worker should file on Form I-539."

[shahbaz]

Thanks a lot!!!!!!!!!!!!

Really appreciate your help