F1-F1-H1 problems due to cap

ssudha170

New Member
Hi Rajiv,

My OPT ends on June 15th

I have a company that is ready to apply for my H1 in April. Which means if I do a premium processing, I would have a H1 (with start date of October) by April 15th.

I have decided to study (go back to F1) for the time between June 15th to October. So do I need to have my new I-20 in hand before I apply for my H1 ?

The reason I ask this question is that I wish to continue to work for the company till June (when my OPT expires). I do not want my new I-20 in hand yet since going back to F1 would mean that my OPT will get revoked and I would need to stop working immediately.
I plan to attend Summer school from July to September and talk to the school to give me an I-20 dated beginning of June so that I can work on my OPT.

I want to get back to work for this company again from October or date of start of H1.

1. If my new I-20 has a start date of May, will it override my H1 I receive on April 15th (because I applied for F1 after I applied for H1)?.

If yes, do I have to do apply afresh for H1 when its October?

2. If not, does my status automatically change to H1 in October (does it override my new F1)?
Do I need to do anything to change over to H1 ?

3. When does my new F1 status become effective -
a) The date on my I-20
b) The date my I-20 is sent to BCIS and gets stamped - Whats the procedure involved?

3. Is it better to go to India from June 15th to October instead of going back to F1?

4. Do I have an option to change to O visa or any other suggestions for dealing with this H1b cap issue?

5. I read that George Bush has agreed to issue 12000 visas for 2004. Does this mean if I apply in the beginning of April, I can still get an H1 with start date before October?

Thank you.
Regards,
Sudhakar
 
Originally posted by ssudha170
Hi Rajiv,

My OPT ends on June 15th

I have a company that is ready to apply for my H1 in April. Which means if I do a premium processing, I would have a H1 (with start date of October) by April 15th.

I have decided to study (go back to F1) for the time between June 15th to October. So do I need to have my new I-20 in hand before I apply for my H1 ?

The reason I ask this question is that I wish to continue to work for the company till June (when my OPT expires). I do not want my new I-20 in hand yet since going back to F1 would mean that my OPT will get revoked and I would need to stop working immediately.
I plan to attend Summer school from July to September and talk to the school to give me an I-20 dated beginning of June so that I can work on my OPT.

I want to get back to work for this company again from October or date of start of H1.

1. If my new I-20 has a start date of May, will it override my H1 I receive on April 15th (because I applied for F1 after I applied for H1)?.

If yes, do I have to do apply afresh for H1 when its October?

+++++++++++++++++In my opinion, there would be no override.

2. If not, does my status automatically change to H1 in October (does it override my new F1)?
Do I need to do anything to change over to H1 ?

+++++++++++++++++I suggest you let your lawyers work out these details.

3. When does my new F1 status become effective -
a) The date on my I-20
b) The date my I-20 is sent to BCIS and gets stamped - Whats the procedure involved?

+++++++++++++++++++The date your I-539 is approved.

3. Is it better to go to India from June 15th to October instead of going back to F1?

++++++++++++++Too early to say. My be CIS will give us more guidance.

4. Do I have an option to change to O visa or any other suggestions for dealing with this H1b cap issue?

+++++++++++++++++++++++Yes, if you qualify.

5. I read that George Bush has agreed to issue 12000 visas for 2004. Does this mean if I apply in the beginning of April, I can still get an H1 with start date before October?

++++++++++++++=I have no official info on the 12,000 visas. I have said this before.


Thank you.
Regards,
Sudhakar
 
Top