Currently H1, applied F1 but want to cancel it and go back to H1B

[kryskasia]

I'm in deep trouble, please help... I've been on H1B for past 5 years and thought my company won't sponsor me for green card. Therefore, I applied for F1 visa to do my Master, got it approved and it will start January 3, 2011. The employer decided to file for my GC, however they don't know about my pending F1. Is there a way to cancel F1 or do you I need to re-apply for H1B?
The school told me that my H1B expired when I filed for F1. Could it be right?
Has anyone had that kind of situation before or know someone who had?

[shervin143]

If you want to stay in H1B and continue to work, then leave the country (return all your I-94 when you leave) and return back in H1B visa. That will put you back on H1B status. If you do this, then you need to make sure you do this immediately after the effective date of F1.

[kryskasia]

Should I leave the country let say on January 4th? Where should I return I-94 papers? At the embassy? I don't have my H1B in my passport, do you think they are going to give me a hard time? Thanks for all your info.

[txh1b]

When is the effective date of COS of F1? If you do not have a H1b stamped, you would need it stamped and return back. You would have to leave the country prior to the F1 effective date and return after the F1 effective date on H1b.

[shervin143]

Staple all your I-94s to your passport. When you leave the country, the airlines staff will take them and return it to USCIS.

Where should I return I-94 papers? At the embassy?

[kryskasia]

Is there a way to go back to H1B without leaving the country? Can I simply withdraw from my new F1 status and stay on H1B? Thanks for your help.

[txh1b]

If the I539 is already approved, you should get the I797 and if that has happened, the effective date will be there on the I797. Continuing to work on H1b after that is illegal. Your employer will not know but it is your status that you are violating and USCIS will know and you will be in deep trouble with a possibility for deportation as the Sevis requirement will not be met.

Travel is the only option. Another COS to H1b can be filed but that has to be done by the employer and you should wiat till it is approved to begin work again.