F-1 to H-1 change of status!

P

palookaa

Registered Users (C)
F-1 Student to H-1B Work Visa Status
This is an extremely important message and I would greatly appreciate an early response!

My F-1 student status has expired, but in the meantime, my company applied for my H-1B petition which is in process and I have received my WAC # as well. I need assistance with the following as I am currently in the "change of status" mode:

1] What are the legalities with regards to working for this employer or transfering my H-1 petition to a new employer while I am in a "change of status from F-1 to H-1"?

2] Can I transfer this H-1 petition to a new company while I wait for approval and 'thus'- is it possible for me to start work immediately?

3] How long does it take for transferring the H-1 from the first employer to the second employer?

4] How different is it to wait or start working while in "F-1 to H-1 change of status" than if I were transferring from "H-1 under one company to the new company?

5] For that my F-1 (student work permit) has already expired and I am awaiting approval of my H-1, what is the a maximum period of time I can stay in the U.S.?

6] What is the extended maximum period of time I can continue to stay in the US in the process I don't have a job when I recieve my H-1?

I appreciate your help.

Thanks and Best Regards.
 
answers bordering opinions...

1] U should not work for this employer while H1 is pending (unless U are using OPT, if OPT expired U have to wait till H1 approval to continue working for this employer )

2]To change employer, you can apply for a new H1 with a copy of the f1 to h1 receipt (apart from other documents) But this will not be considred H1 transfer, rather amendment to your f1 to h1 petition (but fees etc. for a h1 transfer!!)

3] Same time as a new H1 or f1 to h1 as far as I know. See the tracker threads.

4] If you have a valid H1 status approved and then u apply for a h1 transfer then U can start working for the new employer as soon as you file the applciation. In your case this does not apply.

5] U can stay until INS comes back to you with a decision (approval or rejection)

6] 10 days- officially. There have been people on "bench" more than 6 months and still getting a new h1 after that time. Check teh archives.
 
Thanks for your all your responses to my queries.

To your response #2: "To change employer, you can apply for a new H1 with a copy of the f1 to h1 receipt (apart from other documents) But this will not be considred H1 transfer, rather amendment to your f1 to h1 petition (but fees etc. for a h1 transfer!!)"

Can I apply for this new H-1 (to change employer) and at the same time go in for the Premium Processing, hence speeding up my overall petition- ($1000 Prem. Processing + h1 Transfer fees)?

To your response #3: "Same time as a new H1 or f1 to h1 as far as I know."

My H-1 petition was received by the INS- June 06, 2002, so it has been approx. a mth and a half (WOW!!). Amendments to my petition would take into consideration the WAC# already received, or will I now receive a new WAC# and the process will again start from scrath? Again, the Prem Processing comes into effect here, if I choose it?

Thanks!
 
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