I am on F-1 OPT extension which expires December 2010. I have an H-1 application in my name whose status is still pending. I want to go back to school starting July end as I now have an offer from a university.

1. Will I need my employer to withdraw his H-1 application before it is approved ? If the employer refuses to do that what will become of my status ?

2. Can I travel back home and come back before school starts (assuming I obtain a valid I-20) ?

3. Will I need to file a COS or reapply for my F-1 if my H-1 does get approved ?

4. Can I lodge a complaint or take other legal action against my employer for not withdrawing the H-1 application although I have tendered my resignation and will shortly stop working for them ?

Thank you for the help.