My former employer filed an H1B petition for me for the start date of October 1st, while I was still on OPT. …

… My OPT was approved until December this year. I moved to a new employer and told my former employer that I no longer wished to be sponsored for H1B. Therefore, I thought that my H1B petition would be withdrawn. In late October, however, I found out that the USCIS approved my change-of-status petition and my SEVIS record was closed. I would like to continue using my OPT and maintain my F-1 status. How can I do that?

Answer:

Once the H1B petition and the request for change of status to H1B were approved, it terminated your F-1 status and OPT authorization. In order to return to F-1 status, you have to apply for reinstatement with the USCIS or travel with a new I-20 issued for a new program of study. Unfortunately, you are no longer eligible to continue your OPT employment, because you would have to enroll in a new program of study to apply for reinstatement or reenter the U.S. in F-1 status. (01.Nov.2013)

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