H-1b

S

slin

New Member
Hi,



This is Sandra. I appreciate any advise I can get from you. I recently graduated from a graduate school in 05/2005. The followings are my situations:



1. I applied for the OPT and got my EAD which started on 06/30/2005. It will expire on 06/29/2006.



2. I got a job offer before I graduated and my employer applied the HB for me. The lawyer got my approval notice on 04/15/2005 and the effective date is 10/01/2005. Yet, when the lawyer sent it to me, I didn't receive it. I lost it. But, the lawyer is going to apply for a duplicate one for me later.



In addition, I went back to my country before I got my EAD on 04/19/2005(after I lost the approval notice), but my advisor sent me my EAD. Thus, I was able to use the EAD and traveled back here using my F-1 visa.



Now I have a question, I am a F-1 status now, but do I automatically change to a H-1B status in 10/01/2005? Or my H-1B won't be "activate" until I get the visa stamp in my country? (I am planning to go back after 04/15/2006)



Thank you for your attention and help.



Regards,



Sandra
 
slin said:
Hi,



This is Sandra. I appreciate any advise I can get from you. I recently graduated from a graduate school in 05/2005. The followings are my situations:



1. I applied for the OPT and got my EAD which started on 06/30/2005. It will expire on 06/29/2006.



2. I got a job offer before I graduated and my employer applied the HB for me. The lawyer got my approval notice on 04/15/2005 and the effective date is 10/01/2005. Yet, when the lawyer sent it to me, I didn't receive it. I lost it. But, the lawyer is going to apply for a duplicate one for me later.



In addition, I went back to my country before I got my EAD on 04/19/2005(after I lost the approval notice), but my advisor sent me my EAD. Thus, I was able to use the EAD and traveled back here using my F-1 visa.



Now I have a question, I am a F-1 status now, but do I automatically change to a H-1B status in 10/01/2005? Or my H-1B won't be "activate" until I get the visa stamp in my country?

If your attorney applied change of status for F1/OPT to H1 and got approval with I 94 attached to it, your status will be converted in to H1 on Oct1, 2005 automaticall and you can not use your OPT. Visa stamping is nothing to do with status change. If you decided not to travel , you can stay any no. of years in US with valid H1 approval notice(with I 94) alone but having no visa (h1) on your pp.
(I am planning to go back after 04/15/2006)



Thank you for your attention and help.



Regards,



Sandra
Click to expand...
 
Hi Great Guru,

Thank you for your quick reply. I think this is the most efficient website~!

I have a question regarding to your answer. What if there is "no" I-94 attach to my approval notice? Am I remaining on my F-1 OPT status until the date I travel back to my country and come back with a H-1 visa (Still, I am planning to go back on 04/16/2006)? If that is the case, do I have to leave the country by 10/01/2005 (My friend has to, but I don't know how that applies?)

My OPT is valid from 06/29/05 to 06/30/2006.

Thank you very much for your attention and help~!

Regards,

Sandra
 
slin said:
Hi Great Guru,

Thank you for your quick reply. I think this is the most efficient website~!

I have a question regarding to your answer. What if there is "no" I-94 attach to my approval notice?

You are still in F1/OPT, unlessl you stamp h1 visa in your pp and enter US and get I 94 card with caveat h1

Am I remaining on my F-1 OPT status until the date I travel back to my country and come back with a H-1 visa (Still, I am planning to go back on 04/16/2006)? If that is the case, do I have to leave the country by 10/01/2005 (My friend has to, but I don't know how that applies?)

My OPT is valid from 06/29/05 to 06/30/2006.

Thank you very much for your attention and help~!

Regards,

Sandra
Click to expand...
 
Hi Great Guru.

Do I have to leave the country by 10/01/2005 (My friend has to, but I don't know how that applies?)

My OPT is valid from 06/29/05 to 06/30/2006.

Thank you very much for your attention and help~!

Regards,

Sandra
 
slin said:
Hi Great Guru.

Do I have to leave the country by 10/01/2005 (My friend has to, but I don't know how that applies?)

My OPT is valid from 06/29/05 to 06/30/2006.

If your OPT is valid upto 06/30/2006
you can continue OPT until it get expired and then go out to get new H1 stamped.
Thank you very much for your attention and help~!

Regards,

Sandra
Click to expand...
 
Hi Great Guru,

Thank you for your quick reply and help. I really appreciated~!! *.* Thank you.

Regards,

Sandra
 
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