F-1 To H-1b

T

tsunami

Registered Users (C)
Hi folks,

I applied for my F-1 reinstatement nearly a year ago. While on pending status, I got a job offer for which the company agreed to do my H-1B. What are the complications,if at all, involved in getting my H-1B under this scenario and would it make me leave US if i get my H-1B approved?

Talking of the local INS office in New York taking this long to process my F-1 reinstatement, I am still struggling to find out the answer to that. I visited them once and they said they have no record of me in their system, which I firmly believe is untrue. The only thing I received ever since was an INS cashier's receipt. Does anyone have any clue as to what I should be doing to track this reinstatement application in which I filed with the new york office in December, 2001.

Your input to my issues is highly appreciated.

Thank you,
tsunami
 
Not clear on what basis are you applying your H1? If this is based on an earlier degree (nothing to do with the F1 reinstatement), then , yes H1 should not be a problem...
 
Thanks for replying...

Actually, what happened was I went out of status on F-1. So, I applied for a reinstatement on F-1 for which I am still waiting a reply from INS (it's been almost a year since i applied for F-1 reinstatement). Like I said in my first message, I have a company willing to sponsor my H-1B visa. But without being on proper status I dont think I can change my current pending status on F-1 to H-1B. Can I? Even if I could, it would make me leave US to get my H-1B visa. Your time on this is greatly appreciated.

Thanks,
tsunami
 
Still not clear. Do you have a degree (atleast a bachelor's) based on which you will get your H1? Then you have hope.
But as you said, If you have accumulated too many out of status time, it will be difficult.
 
Hi Jaxen,

Yes, I do have a bachelor's and I graduated in 99, then went to get my masters degree at the same school. After a year, I decided to drop out due to financial difficulties. From this period on until a year past I had been out of status. Then I joined Kaplan, thru them I applied for a F-1 reinstatement. I am a NY resident so I filed my application at the INS local office in NY. This I did in December, 2001. Two months later, I got a cashier's receipt from INS stating they are in the process of reviewing my application. Never heard from them since. So, I decided to pay a visit at the local office in NY and asked them if they could track my case since it has taken unusually long amount of time. To my surprise, the INS officer there told me that my case or anything pertaining to me is not in their system and the only way they could track my case is if I have received a receipt number. I said I only have a cashier's receipt if thats what you are asking for to which she said NO. Then I returned home playing the wait and see game. Now, It's been almost a year since I applied for this reinstatement. What do u think I should do in regards to my case which seems to be like either my application is lost or misplaced but it's gotta be at INS somewhere cause they already processed the application fee on me. Thanks for any input on this!

Take care,
tsunami
 
It is safe to assume that your F1 reinstatement is lost. But if H1 approval comes the out of status days might get reset. If you get H1 without I94, it is possible that when you go out of US to get I94 , your out of status might be raked up and you might not be allowed in..
 
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