H1B withdrawn, OPT validity


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Issue # 1:

My employer sponsored me H1B which got approved. As my original position was not listed on the DOL website, LCA was filed with a similar matching position and it was approved. Later, PWD was requested which came very high and my employer is not willing to pay that much high salary for this position and she withdrew my H1B before my start date which was 01/24/2012. Currently I am on OPT and my STEM extension was also approved and stays valid until October 2012.

My questions are: 1) Can I shift back to my extended OPT status provided my H1B was withdrawn? 2) Can I travel on extended OPT but with employment letter and valid OPT card?

Issue # 2:

My H1B was filed on 10/26 and got approved on 11/11 with premium processing. When I checked with my DSO at my university they told me that SEVIS record shows that my extended OPT ended on 09/31 and I automatically entered CAP-GAP.

My question is: 1) How my status was changed into CAP-GAP since I have a valid OPT authorization? Is this incorrect? Also, my visa are not a quota visa, so does this apply to my case at all?

Please guide me on these issues. Thank you very much.

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