I'm in bit of confusing process.
My OPT expires on July 31, 2006. (That's including the 2 month allowance)
I have applied for H-1B with Premium processing to Vermont and received the result that H-1B has been granted but the in-state status adjustment is denied because of the gap between my OPT and 10/02/2006 (H-1B effective date).
Well, I had the I-539 in to the Texas Service Center for changing my F-1 status to F-2 (my wife is F-1, so thought I change the status to remain in US), but I have not heard or received the notice to this date. I-539 was submitted 2 weeks prior to the I-129, but of course do not have receipt to send in.
I know that I could file for Reopen/Reconsider. Which I intend to do if I would stay with this employer. But I also have another job offer that is pending.
My questions are:
1. If there is another job offer in a higher education institution, can I file another H-1B and will my currently approved H-1B under the cap be overwritten by the second petition?
2. If so, since the higher educational institutions are cap free I think that I would be able to request the change of status immidiately. What would happen to my F-1 to F-2 I-539? Will that be overwritten as well or do I need to wait for the result of I-539 and then adjust my status from F-2 to H-1B?
3. Is there a way to withdraw the I-539?
4. What would be the starting date of new F-2 status? The date of application, the date of approval or I-539, or the ending date of my OPT?
Would greatly appreciate your answers to clear up the mine field.
Thank you.
My OPT expires on July 31, 2006. (That's including the 2 month allowance)
I have applied for H-1B with Premium processing to Vermont and received the result that H-1B has been granted but the in-state status adjustment is denied because of the gap between my OPT and 10/02/2006 (H-1B effective date).
Well, I had the I-539 in to the Texas Service Center for changing my F-1 status to F-2 (my wife is F-1, so thought I change the status to remain in US), but I have not heard or received the notice to this date. I-539 was submitted 2 weeks prior to the I-129, but of course do not have receipt to send in.
I know that I could file for Reopen/Reconsider. Which I intend to do if I would stay with this employer. But I also have another job offer that is pending.
My questions are:
1. If there is another job offer in a higher education institution, can I file another H-1B and will my currently approved H-1B under the cap be overwritten by the second petition?
2. If so, since the higher educational institutions are cap free I think that I would be able to request the change of status immidiately. What would happen to my F-1 to F-2 I-539? Will that be overwritten as well or do I need to wait for the result of I-539 and then adjust my status from F-2 to H-1B?
3. Is there a way to withdraw the I-539?
4. What would be the starting date of new F-2 status? The date of application, the date of approval or I-539, or the ending date of my OPT?
Would greatly appreciate your answers to clear up the mine field.
Thank you.