Queries regarding H1B approval and withdrawal

[shubkumar]

Currently, I am on an F1 OPT visa and I have just graduated in May 2020, I have 3 years of OPT (including STEM extension). Currently, my H1B is pending for approval and its withdrawal is already filed which was received by USCIS last month (2nd August).
In this regard, I have the following questions:

1. Is it possible that USCIS still approves my H1B visa overlooking the H1B withdrawal petition?
2. What if no further action is taken on by USCIS till 1st October? Will, I still be on F1 OPT or will I be transferred to an H1B visa?
3. If in any case, my visa status is shifted to H1B, is there a procedure to go back on my F1 OPT due to termination of my previous employment given I have new employment?

[rkk09]

Hi,
Please see my response below.
Is it possible that USCIS still approves my H1B visa overlooking the H1B withdrawal petition?
Answer: If Withdrawal was received by USCIS then it would have revoked for now.
What if no further action is taken on by USCIS till 1st October? Will, I still be on F1 OPT or will I be transferred to an H1B visa?
Answer: If your H1B withdrawal was accepted and taken action on that, then you can continue with F1 status.
If in any case, my visa status is shifted to H1B, is there a procedure to go back on my F1 OPT due to termination of my previous employment given I have new employment?
Answer: If USCIS Approved your H1B then your change of status would have also approved. You can confirm with your approval, if you have received approval with I-797 A along with I-94 then your change of status also approved. If so, in order to change your status to F1 again, you will need to file COS petition.
Thanks