F1 to H1 then applied for F1 (not received approval yet) can I do H1B transfer?

T

tosomu

New Member
Please someone help:

1. I came to usa on F1 for bachelors
2. after graduation used opt and started working, employer applied for H1 and received H1b approval
3. Then I got laid off, but before termination applied for change of status to F1 for masters
4. I have not received my decision yet (says another 28-30days) for F1

My question is now if I find a job, how can I start working immediately?

a. can I do H1B transfer and start working immediately?
b. do I still have OPT? Since all I got in my previos OPT was a temporary EAD card valid for 9 months so i believe I still have another 3 months of OPT, not sure. I never received EAD from INS

All replies welcome,
Sameer
 
re.

Hi there,

First of all, I would like to make clear that I am not a attorney so what I am presenting is my personal interpretation. You should consult an attorney for legal issues.

Congrats on getting an offer in India. Now for the cases:
I still have not received my F1 approval (its been almost 10months now). INS is slow.

case a. If you leave after receving your F1, you should go to the international students office at your school and they should be able to help you take care of it from there.

case b. If you leave before you receive your F1, i.e. you receive your F1 in India, you would still need a visa stamp from an consulate in India to enter back. In case you wish not to then you should go to consulate and ask them to cancel your F1 as you no longer wish to have it. It would be done in an legal way and hence would not affect your history.

case c. if your request is denied it would be considered a black mark on your history, highly unlikely.

case d. if you have closed the loop in a proper way i.e. through ISO at your school or going to consulate, if should not affect your future visa needs. However, if your H1-F1 is denied, it may affect your future visa needs.

I hope this helps. I am also looking for a good opportunity in India (Banglore, Bombay anywhere) So I might be in the same boat as you. If possible keep me posted also as to what actions you take and its outcome.

Thanks,
Sameeer Shah
 
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