HarishKumar
New Member
Hi Rajiv,
I got in touch with my previous school and future school DSOs and was able to pull out some info. regarding the negation issue; I thought this might be useful to some OPT candidates.It would be great if you could comment on the accuracy of the same. Thank you.
Regards,
Harish.
"I heard from both the DSOs that there is no risk of F1/H1 negation because F1 (both transfer and extension) is entirely through SEVIS and H1 requires filing of a paper application at USCIS. They say that risk of negation and 'last action theory' is applicable only when more than one paper applications are pending/overlapping approval at USCIS.
However, after 9/11 all schools have been given deadline to convert to SEVIS electronic system under which the final approval for I-20 is given by USCIS and then the schools generate/print the same in their international office. This was told to me by my previous school SEVIS administrator/co-ordinator (he is below the rank of a DSO); if this is the case, then the USCIS can still figure out two applications (F1(i.e. I-20 issue request from the international office through SEVIS) and H1, when applied at the same/overlapping time) in the name of a single person and question him of dual intent (after that they can refuse both or approve both depending on their mood and our luck). Since this is a grey area and nobody knows the pattern/mood of CIS officers, even the attorneys are advising on going back to India and getting our papers stamped to be on the safe side.
Merely an I-20 by itself doesnot give F1 status. After we sign and return the required portion of I-20 to the school, it is updated in the SEVIS system by international office (which means that the CIS is notified instantaneously), usually the fist day of the quarter/semester and this is the day we actually get the new F1 status. However schools do this updating only if the student has paid the fees and registered for classes. By third friday or around that time (last date of dropping/withdrawing) if some student has not paid/registered, he is not updated in the SEVIS system. Also if somebody drops/withdraws, he is removed from the SEVIS system and CIS is notified instantaneously.
So ideally we should file our H1 application after our name has been updated in the SEVIS system to avoid any tension of F1/H1 negation if we want to remain in the US in the interim period on F1. After that we should also make sure that we are taking the minimum credits and maintining a satisfactory grade to ensure full time F1 status during the quarter/semester, otherwise the dept. informs the graduate office and international office. If we are out of full time F1 status, the same is updated in the SEVIS system to which the INS has access".
I got in touch with my previous school and future school DSOs and was able to pull out some info. regarding the negation issue; I thought this might be useful to some OPT candidates.It would be great if you could comment on the accuracy of the same. Thank you.
Regards,
Harish.
"I heard from both the DSOs that there is no risk of F1/H1 negation because F1 (both transfer and extension) is entirely through SEVIS and H1 requires filing of a paper application at USCIS. They say that risk of negation and 'last action theory' is applicable only when more than one paper applications are pending/overlapping approval at USCIS.
However, after 9/11 all schools have been given deadline to convert to SEVIS electronic system under which the final approval for I-20 is given by USCIS and then the schools generate/print the same in their international office. This was told to me by my previous school SEVIS administrator/co-ordinator (he is below the rank of a DSO); if this is the case, then the USCIS can still figure out two applications (F1(i.e. I-20 issue request from the international office through SEVIS) and H1, when applied at the same/overlapping time) in the name of a single person and question him of dual intent (after that they can refuse both or approve both depending on their mood and our luck). Since this is a grey area and nobody knows the pattern/mood of CIS officers, even the attorneys are advising on going back to India and getting our papers stamped to be on the safe side.
Merely an I-20 by itself doesnot give F1 status. After we sign and return the required portion of I-20 to the school, it is updated in the SEVIS system by international office (which means that the CIS is notified instantaneously), usually the fist day of the quarter/semester and this is the day we actually get the new F1 status. However schools do this updating only if the student has paid the fees and registered for classes. By third friday or around that time (last date of dropping/withdrawing) if some student has not paid/registered, he is not updated in the SEVIS system. Also if somebody drops/withdraws, he is removed from the SEVIS system and CIS is notified instantaneously.
So ideally we should file our H1 application after our name has been updated in the SEVIS system to avoid any tension of F1/H1 negation if we want to remain in the US in the interim period on F1. After that we should also make sure that we are taking the minimum credits and maintining a satisfactory grade to ensure full time F1 status during the quarter/semester, otherwise the dept. informs the graduate office and international office. If we are out of full time F1 status, the same is updated in the SEVIS system to which the INS has access".