Help needed Converting From F1 to H1

[vj_su]

HI friends, I have a very twisted case, please can some one advice me?

i am pursuing my masters degree in USA, and graduating in march 2006. but because i was out of usa from june 05- nov 05 and i missed tqo quarters at the university am not eligeble for OPT. as OPT rule states that you have to be in status( ie registered as full time student) for atleast 3 quarters in a row to be eligeble for OPT, and in my case am not.

However i have an employer who is willing to sponsor my H1 visa, but the problem here is if he applies in april (that is when new quota opens up) he cant get me work authorization till Oct 2006, where as after graduation i have 60 days to find a job.

so here is the dilemma, though i have found a job, but technically it cant be started before october, and i may get out of status after may 2006.

so the question is if i have applied for H1 am i considerd to be in status? or will i be in status only after i recieve the H1?

If any of you guys have any clue about the same or can refer me to some one who can help, it would be great.

Thanks a lot,

Vijay

 

[GotPR?]

As long as your petition is pending, you are in authorized stay, however, if it was approved before H1 start date, you suddenly fall into out of status.
In your case, CIS may think you will not have status on Oct 1, and they may not approve your change of status(though H1 is approved). In that case, you need to go out and come back with H1 stamp.

 

[vj_su]

As long as your petition is pending, you are in authorized stay, however, if it was approved before H1 start date, you suddenly fall into out of status.
In your case, CIS may think you will not have status on Oct 1, and they may not approve your change of status(though H1 is approved). In that case, you need to go out and come back with H1 stamp.

Dont you have to go out of US anyhow to get the H1 stamped?i did not get the second part, however if it was approved before H1 start date? shouldnt it BE approved before H1 start date?

 

[GotPR?]

There is no guarantee that H1 is approved before start date. If you file earlier, you have more chance to get approved before H1 start date.

If you have other valid status(such as B1, F1, or whatever status) and can legally keep staying in the US, you can change your status to H1 when your H1 start date comes(provided H1 has been already approved upon H1 start date). It is called change of status (I-539 form). In this case, you can start working without obtaining H1 stamp.

However, what I said in my last post was, if you do not have a valid status upon H1 start date, you can not benefit change of status as you are not supposed to be in the US on H1 start date. In this case, you need to enter the US with H1 stamp and then you can start working.