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uk_wildcats
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Posted on 08-08-07 3:43
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H1B information.. I need an important information about H1b and F1. I have gone through some cosultancy company and they sponsored me for H1, but it is not yet approved. They are telling me within october it will apporved. My OPT was expired in july, but I have get admission at University before it's expiration date. My classes will began from first week of september. My university has issued me an I-20. My question is if my h1 is apporved, can i chage my status from F1 to H1 at the very first date of H1( October 1st), and drop my classes. tell me guys...
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Moksh
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Posted on 08-08-07 4:55
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uk_wildcats, H1-B quota is over for this year. If your H1-B did not get approved this year, than your employer is LYING saying within Oct it will be approved. If your H1-B had been approved this year, than you would start working on H1 beginning Oct 1. I am assuming you just finished your undergrad degree and want to do Masters now. You can file for H1 again in 2008. The window will open on April 1, 2008 and within 1-2 days, the quota will be over. Not only that, but due to too many H1 applicants, USCIS will pick the lucky ones through a lottery system. Good Luck!
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thapap
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Posted on 08-08-07 7:29
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uk_wildcats, based on where your application is filed you might have your case pending. the way it sounds like you might be with vermont service center. anyway beside the fact: 1. you can ask for the receipt number from you consulting company and check the status online at : https://egov.uscis.gov/cris/caseStatusSearchDisplay.do 2. you can legally stay 60 days after your OPT expiration day. BUT you CANNOT LEGALLY WORK DURING THAT TIME. MAKE SURE THAT YOU ARE NOT IN ANY PAYROLL. 3. Before your H1B is approved if there is more than 60 days GAP from your OPT expiration and(+15 days) OCT 1, most likely, you will be issued an RFE. and you would need to explain how are you going to maintain your status. You have to do this to get your H1B approved. and they will assign your H1B to consulate. that means you have to go to Nepal and get it visa and come back. you cannot go to CANADA or Mexico in this case. 15 days is based on the fact that H1-B are allowed to enter only 15 days before the effective date. 4. if you want to actually work and be in H1. then the safest way is to leave the country with your H1-B approval and come back with a valid visa. ===================================================== as always what do i know (O:
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JhilkayDai
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Posted on 08-08-07 10:55
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It looks like, its gonna be the same case for me as well, GIVEN THAT I GET A JOB AND MY EMPLOYER SPONSORS H1B ~~~ WHAT IN THE EARTH IS HAPPENING???? DARN IT!!
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uk_wildcats
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Posted on 08-09-07 12:24
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thank you thapap, I have 60 days of grace periode, but I have already transfer my Sevis record to New university and they have issued me an I-20. Beside that I have registered all my classes and ready to began my MBA class from September. Thus, I think this will clearly proved that I am in F1 status. If my H1 is apporved than it will be effective form October 1st. However, during that time periode I will be in F1. Am I right..
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