H-1 approval.....

[v_narang]

Hi:

I am on a student visa currently. I worked for a company as an intern, in summer 2004. when I still was a student and my internship period ended on august 26, 2004. During this period they offered me to work ahead and I accepted it and they filed for my work permit in the first week of august. however, I decided not to go with the H-1 and retun back to college and continue with my Master's. I got the peition approved by the mid of august, and then my company immediately filed for cancellation or closing of the case (ie. before my internship period ended). I came back to school as a full time student and I even did go to india and came back on a student visa. So, basically I was not with the company from the effective date of the work permit visa and I continued for my F-1 visa. I graduated right now, and my question is that now when I get a new employer it would be a totally new case??? right?? I would be getting 3+3 years of work permit visa, if I get approved... right?
Whatever, approval and cancellation of case was there in the past, would not affect my present and future stuff...

Please answer ...
Regards,
-Vikas

 

[EricS]

Hi:

I am on a student visa currently. I worked for a company as an intern, in summer 2004. when I still was a student and my internship period ended on august 26, 2004. During this period they offered me to work ahead and I accepted it and they filed for my work permit in the first week of august. however, I decided not to go with the H-1 and retun back to college and continue with my Master's. I got the peition approved by the mid of august, and then my company immediately filed for cancellation or closing of the case (ie. before my internship period ended). I came back to school as a full time student and I even did go to india and came back on a student visa. So, basically I was not with the company from the effective date of the work permit visa and I continued for my F-1 visa. I graduated right now, and my question is that now when I get a new employer it would be a totally new case??? right?? I would be getting 3+3 years of work permit visa, if I get approved... right?
Whatever, approval and cancellation of case was there in the past, would not affect my present and future stuff...

Please answer ...
Regards,
-Vikas

In my opinion, you were never on H status, so your 6 yr. of H status are still intact. Even if your H1 was approved, you never joined the employer on H1 so you did not use up any of H 6 yrs.