Did my employer file my H1 incorrectly?

[ankur80]

I have worked in US on HI from Feb 04 to Aug 05 continuously without break and after that I switched to F1. Since Aug 05 I have never been out of US for more than a year.

I was told by two lawyers that my H1 application this year will not be counted against the cap and after approval I can start whenever I wanted.

Since my OPT expires in August I was hoping that my H1 would start from Aug itself. But my employer is now telling me that my H1 will start from Oct 1 just like any other case.

I think he filed a new application for me.
If he filed a new application for me is it a violation of USCIS rules ? Will my application get denied and I will be apprehended by authorities ? I think in case of trouble my employer will plainly say to authorities that I did not inform them about my prior H1 assignment , whereas I did and I also sent copy of my old H1 approval notice to them !

Please help

Thanks,

 

[tammy2]

I have worked in US on HI from Feb 04 to Aug 05 continuously without break and after that I switched to F1. Since Aug 05 I have never been out of US for more than a year.

I was told by two lawyers that my H1 application this year will not be counted against the cap and after approval I can start whenever I wanted.

Since my OPT expires in August I was hoping that my H1 would start from Aug itself. But my employer is now telling me that my H1 will start from Oct 1 just like any other case.

I think he filed a new application for me.
If he filed a new application for me is it a violation of USCIS rules ? Will my application get denied and I will be apprehended by authorities ? I think in case of trouble my employer will plainly say to authorities that I did not inform them about my prior H1 assignment , whereas I did and I also sent copy of my old H1 approval notice to them !

Please help

Thanks,

As soon USCIS finds you were on H1 preveiosly they will not count againist the cap.

Your employer might have put the October 1 as start date.