Can I stop H-1B from taking effect on 10/1/12?

[Ellen]

I graduated from college few months ago and started my job in the US after graduation. My current OPT is good through 04/2013, and my undergraduate major does qualify me for the 17-month STEM Extension. My company has already filed H-1B petition for me and it was approved. My H1-B status will take effect on 10/1/2012.

I understand that in the case that I get laid off by my employer or I want to quit my job, there's no grace period with H-1B and I will be out of status immediately. So here is my problem with my H-B1: As of now, I think there's a big chance that I will want to quit my current job within a year and find another job in the US. And it's not likely that I'll have time to find another job while I'm still working at the current company. I want to know:

1) If I quit my current job before I find another employer, can I switch back to my OPT and legally stay in the US?
2) If I can't switch back to OPT, what are the ways that will allow me to stay in the US legally?
3) Since my H-1B hasn't taken effect yet, is there a way I can stop that process and remain in my OPT until 04/2013 and apply for the 17-month extension then? (assuming I stay with my current employer)
4) Will stopping my H-1B from taking effect hurt my future H-1B application?

Thank you very much!

[shervin143]

1) If I quit my current job before I find another employer, can I switch back to my OPT and legally stay in the US?
>>> No. On Oct 1st, whether you quit the current employer or not, your status will change from OPT to H1B and if you are not employed with the H1B sponsor (and continue to stay in U.S), you will be considered out of status on H1B. Your OPT status will automatically terminate as of the end of September. If you want to get back on OPT, then talk to your school's DSO to reinstate your SEVIS records. You will have to leave the country before Oct 1st and return back in F1 (after getting a new I-120) which will put you back on OPT.

2) If I can't switch back to OPT, what are the ways that will allow me to stay in the US legally?
>>> Read the above answer. If you are in H1B, you should work and get paid. Any period for which you don't have a pay slip (Only stay within U.S should be considered for pay slips.) is considered as out of status.

3) Since my H-1B hasn't taken effect yet, is there a way I can stop that process and remain in my OPT until 04/2013 and apply for the 17-month extension then? (assuming I stay with my current employer)
>>> Read answer one.

4) Will stopping my H-1B from taking effect hurt my future H-1B application?
>>> There is no way to stop it. The only option is to do a leap frog as mentioned in answer 1.