Can I quit my PhD program and go back to previous H1B?

[varunjp]

I quit my H1B employment 1-month before the end of my initial 3 year term. I believe my company withdrew my petition at that point. I then started a PhD program (got an F1 visa through consular processing), and now want to discontinue school due to personal reasons. I have a few questions related to this:

1. If I want to start working with my previous employer or a new employer, will I be subject to the H1B cap? Does the employer have to apply during a specific time of the year, or at any time of the year?

2. Does my employer need to do a renewal or a change-of-status (COS) for changing from F1 to H1B?

3. What is the processing time for changing from my current F1 status to a H1B status?

4. Can I stay in the US on my F1 status while my H1B COS is processing?

5. Do I need to leave the US and get a new visa once my H1B status is approved?

Edited August 23, 2019 by varunjp
added extra question

[pontevecchio]

1. You are entitled to the remainder option of 3 more years in H1 status and this is not subject to cap.

2. Your H1 sponsor needs to file and get a H1 petition approved with a COS or CP. 

3. In view of your wanting to leave the PD program, any employer would not bank on getting the COS done and I suspect PP and then leaving and returning with the H1 visa is realistic. You cannot start without getting a H1 petition approved with I94 or by leaving and returning with the visa. 

4. Do you intend to string your university/mentor along by continuing in F1 status and abruptly leaving after your H1 petition gets approved? Or is it a case where they have decided that parting of the ways is necessary for whatever reason.

5. Once your H1 Petition is approved , You will need to leave and return with the visa.

[varunjp]

On 8/24/2019 at 3:02 PM, pontevecchio said:

1. You are entitled to the remainder option of 3 more years in H1 status and this is not subject to cap.

2. Your H1 sponsor needs to file and get a H1 petition approved with a COS or CP. 

3. In view of your wanting to leave the PD program, any employer would not bank on getting the COS done and I suspect PP and then leaving and returning with the H1 visa is realistic. You cannot start without getting a H1 petition approved with I94 or by leaving and returning with the visa. 

4. Do you intend to string your university/mentor along by continuing in F1 status and abruptly leaving after your H1 petition gets approved? Or is it a case where they have decided that parting of the ways is necessary for whatever reason.

5. Once your H1 Petition is approved , You will need to leave and return with the visa.

Thank you for the detailed answer, @pontevecchio. I have some follow up questions:

1. I quit my job about 2 months before the end of my initial 3 year H1B period. If I change status back to H1B, will the company need to do a renewal again after 2 months (to start the second 3 year period)?

2. If I do a change of status for the H1B, can I specify a certain start date? I only want to quit my PhD at the end of this semester, since I am employed as a Teaching Assistant by the university. What happens if my COS is approved early - can I still continue on my F1 at the university until the H1B start date (end of semester) I requested?

To answer your question, I plan to let my university department/mentor know about my plans as soon as I am certain.

[cyberlord]

On 9/4/2019 at 11:09 PM, varunjp said:

Thank you for the detailed answer, @pontevecchio. I have some follow up questions:

1. I quit my job about 2 months before the end of my initial 3 year H1B period. If I change status back to H1B, will the company need to do a renewal again after 2 months (to start the second 3 year period)? 

2. If I do a change of status for the H1B, can I specify a certain start date? I only want to quit my PhD at the end of this semester, since I am employed as a Teaching Assistant by the university. What happens if my COS is approved early - can I still continue on my F1 at the university until the H1B start date (end of semester) I requested? 

To answer your question, I plan to let my university department/mentor know about my plans as soon as I am certain.

1. When you get your status changed back to H1-B, it will be through a new petition and visa. It will have a revised validity date, which is not dependent on your previous validity date. You are eligible for cap-exempt filing for remaining time of your 6 year H1 period (based on I-94).

2. The employer will have to specify start date when he applies for the work permit. What I understand is once your petition is approved, you have about 60 days to join the employer on H1.