h1 to f1 to h1 can I use portability??

[kagarwa]

Hi
My visa history is as follows.

I was laid off from work and my H-1 was terminated on 12/07/01.
I changed to F-1 from my H-1 visa. The application was recieved by
the INS on 12/04/01(before my H-1 was terminated) and approved on 12/15/01.
I have a job offer now and my question is, can I use the H1B
portability law and start working as soon as my application is recieved
since I had an H1B visa in the past. Please let me know.

Regards
Kartik

 

[jaxen]

Time traveller???

I checked the date and we are still in august 2002, I think.

Anyway, you cannot use H1 portability unless you
1. withdraw F1
2. your former employer is ready to pay you till date from termination (i.e. withdraw termination).

To save time file h1 premium processing...

 

[kagarwa]

First of all sorry for the typo !! I have corrected my post.


I am really confused now. The company lawyer says its fine and H1B portability can be applied. In another message from an attorney he replied that the way he has read the statue I can use the H1B portability law. Why do I need to withdraw my F-1.
If I do that I will be out of status right away isnt it?? Also I didnt get the part where you said that the company has to pay me salary from date of termination to date??? I will really appreciate if you can clarify
thanks

 

[jaxen]

per my reading of the issue

U can port a h1 to another H1 and I still have the opinion.
I was trying to tell using "not going to happen" examples, that h1 portability will not work...
of course a lawyer is more qualified to make determination better...