F1 to H1B - Consultant Problems

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jivan011

Registered Users (C)
I am a student on F1 visa. I recently signed a contract with a consultancy which filed for my H1B. I was told that I was approved and they also gave me copy of approval notice. They asked me for a deposit of 1200 dollars, I paid, which was going to be returned when I get a job through them.

Now on the basis of "lack of commitment" they are terminating my contract, canceling my H1B and asking me to pay another 2000 dollars for the fee. They are not returning that initial 1200 dollars deposit. Is this legal?

I was never told that I will be paying this additional 2000 dollars. It was never given to me in writing? So what should I do in this case?

Also, being "approved for H1B" does it mean that my F1 student visa is still valid, because I am planning on going to school again if I don't get a H1B sponsor. What should I do if F1 is not valid?

Please help!
 
Was the H-1B filed as a change of status? In that case your approval notice will contain a new I-94 and theoretically you will be automatically in the H-1B status from the start date mentioned in the application. You have to extend your F-1 before the H-1B status kicks in. But since the employer terminated you, I think, the H-1B will not override the F-1. On the other hand, if the approval notice do not contain a I-94 (applied as consular processing) then you can remain on F-1 by simply not going for H-1B stamp.
 
thanks manwithnoname!!

I did get a form in mail I-797A (CASE TYPE: I-129 Petition for a non immigrant worker), attached to the bottom is I-94 and it says its valid from 10/1/2008-9/17/2010. However if the consultant cancels the H1B then F1 will be still valid because its before 10/1/2008...correct?
 
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Yes, you are in F-1 upto September 30, 2008 in any case. If the change of status petition to H-1B is revoked (before October 1, 2008) then you can remain on F-1.
 
A small query

manwithnoname said:
Was the H-1B filed as a change of status? In that case your approval notice will contain a new I-94 and theoretically you will be automatically in the H-1B status from the start date mentioned in the application. You have to extend your F-1 before the H-1B status kicks in. But since the employer terminated you, I think, the H-1B will not override the F-1. On the other hand, if the approval notice do not contain a I-94 (applied as consular processing) then you can remain on F-1 by simply not going for H-1B stamp.
Click to expand...


On the last line "if the approval notice do not contain a I-94 (applied as consular processing) then you can remain on F-1 by simply not going for H-1B stamp". I am in this situation. I have an H1B approved and if i want to use this approval after my F1 OPT will that be possible. Let me put my situation stage wise.

I had applied for both studies and work in US.

1. Got my h1b approved for Consular service - May-June
2. Got my f1 from my country and came to US- July
3. I have decided to do studies and have a valid F1 stamping.

Now my queries

1. Can the H1B approval put on hold? I mean can the approval notice be kept on hold by not going to consular service and just use it after i am done with my f1?

2. How long will this H1B be valid?

3. Is it possible to use this h1b approved after my F1 OPT which is what i
want to do? If possible then what should the employer be doing and what should i do?
 
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