H1 approved from F1 OPT but no project/payroll

[keertireddy]

I was on F1 OPT (valid until feb2021) with a vendor company A & working on project until 30Sept'20. Company B (parent company of A) filed for H1B & after RFE, approval received on 2nd Nov'20. But I do not have any project as of now (2nd Dec'20) & still looking for projects under company B. Company B has mentioned that the h1 will get revoked in 60 days. Please help me understand -

1. What is my current legal status - is it F1 opt or H1b

2. When does the 60days count start before the H1 is revoked?

3. Company B said that I'm not hired under their payroll. So I currently have no paycheck from the H1 employer (Company B). Can i do COS from F1 opt to H4 at this point?

[rkk09]

Hi,
Here is my Answer for your question.
1. What is my current legal status - is it F1 opt or H1b
Answer: If your H1B petition was filed under change of status and it got approved then your status will be as H1B from approval date. Your F1 status will be no longer.
2. When does the 60days count start before the H1 is revoked?
Answer: Actually 60 days clock will be started the day your current Employer withdraws your H1B petition.
3. Company B said that I'm not hired under their payroll. So I currently have no paycheck from the H1 employer (Company B). Can i do COS from F1 opt to H4 at this point?
Answer: If Company B filed your H1B petition then there responsibility to run your payroll. Employer either start running your payroll or withdraw your H1B petition. If they are not withdrawing and holding your H1B then it is Employer responsibility to run payroll during the period. If you dont have payroll and you want to change your status, Yes. you can do. But it will be from H1B to other status. Attorney may ask your paystub to verify whether you maintained your status during the period. If you dont have, they may ask letter from you.
Thanks