Hi, what happens if someone is laid off when their change of status from F1 to H1 is pending ? Do companies revoke cos application ? And if they revoke do we automatically come back to F1 status? What happens to H1 cap petition ? Can we file H1 with another employer - this is first time H1
I think you are talking about first time H1B petition with change of status from F1 to H1B.
Unless the H1B is approved ( not just selected in lottery) you can’t be counted against the cap and can’t transfer to another employer.
If your H1B is approved but change of status from F1 to H1B is denied for whatever reason, your F1 status still remains valid as far as your STEM OPT EAD is valid and you can keep working on OPT EAD.
In above case a new employer may be able to file a new cap-exempt H1B petition with change of status from F1 to H1B while your F1 is still valid.