F1 to H1without using H1 until next year


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An employer want to file for my H1 this year . I am currently on F1 and haven't used my OPT /CPT. But I will be using CPT between June and September and plan to graduate in May 2017.  If my H1 is approved this year, can it be withdrawn after October 1st so that I don't have to go through lottery again as well as I can continue studying till May 2017 on F1?


What would be the complications if i chose to take this route ?




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Start date does not have to be Oct 1 st. Ask your employer to give start date after graduation day.


An H1 can only be filed for up to 6 months before the start date.

If the employer files an H1 in April, the start date has to be October.

And even if it isn't as COS, the employer by law would have to inform USCIS in a timely manner if the person isn't working there come the start day. Delaying things until next year is no longer possible.

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But as soon as my H1 is approved, will I lose my F1 status?

If it is filed with COS, you would be in H1 status from the start date, i.e., Oct. 1.

If it is filed without COS, you have to go abroad and get an H1 visa to come back on H1. If you don't start soon after Oct. 1, the employer would be required by law to inform USCIS that you don't work there, and the H1 would be revoked and you would not be considered counted in the quota.

If you don't want to start on Oct. 1, forget about filing an H1 this year. An H1 "just in case" is no longer possible.

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