I was on OPT visa which expired on June 30, 2001. My company had filed my H-1, but I was laid off along with a bunch of other H visa holders. This happened in April before my H-1 was approved. The company assured us that our H-1s (pending and current) would be retained. I received my H-1 in June end. I was on that H-1 and only filed for transfer to H-4 in November. Now my spouse\'s I-140 has been approved and we want to go for CP. I was wondering if I would be counted out of status till filing of H-4 transfer, or till it is approved. Also, are there any other issues I would have to face in going for CP (filling up forms in Packet 3). I would really appreciate your views on this matter.
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Impact of being Out of Status on GC Consular Processing
- Thread starter PKSINGH
- Start date
rias: Let me understand your concern...
Your OPT expired 6/30/01. You got your approved I-129 (H1) in 06/01. What is the validity of that I-129 Approval Notice? Assuming it covered the period till 11/01 (when you changed over to H4) you should be OK provided your company did not revoke that H1 petition. If your company did revoke it then you\'ll be considered out of status. If not, you\'ll be fine since technically you were in possession of a valid approved H1 petition even though you were out of that job. You might want to find out from your company about the status of that H1 petition. Some companies do not bother revoking/cancelling the H1 even though the employee is no longer with them. Hope that helps.
Your OPT expired 6/30/01. You got your approved I-129 (H1) in 06/01. What is the validity of that I-129 Approval Notice? Assuming it covered the period till 11/01 (when you changed over to H4) you should be OK provided your company did not revoke that H1 petition. If your company did revoke it then you\'ll be considered out of status. If not, you\'ll be fine since technically you were in possession of a valid approved H1 petition even though you were out of that job. You might want to find out from your company about the status of that H1 petition. Some companies do not bother revoking/cancelling the H1 even though the employee is no longer with them. Hope that helps.
shri ganesh
Registered Users (C)
I agree with skarecat
I agree with skarecat.
You were in status on your OPT (even if you were laid off) till 6/30/01 - OPT must show this date on EAD card.
You had applied for H1 prior to 6/30/01 and can wait for 120 days to receive approval. In your case, you received it by 6/30/01. Now this H1 is valid till you filed for H4 in 11/01 UNLESS the company revokes it. INS has no way to know that. I would put 11/01 (till the day you filed H4) as the date you left employment in your work experience. BUT MAKE SURE COMPANY DOESN\'T SCREW UP. In such cases, always have an email or a hardcopy of company commitments as proof. verbal agreements are not very beneficial in such cases.
If, however, company did remove you from payroll in June although you got your H1 and did revoke your H1....you can be considered out of status. This is similar to problems faced by many where people on H1 are laid off. Follow ISN, etc. to figure out what is being done. I know there are lot of people on H1 that have been laid off and INS does not have a guidline to deal with the situation.
I agree with skarecat.
You were in status on your OPT (even if you were laid off) till 6/30/01 - OPT must show this date on EAD card.
You had applied for H1 prior to 6/30/01 and can wait for 120 days to receive approval. In your case, you received it by 6/30/01. Now this H1 is valid till you filed for H4 in 11/01 UNLESS the company revokes it. INS has no way to know that. I would put 11/01 (till the day you filed H4) as the date you left employment in your work experience. BUT MAKE SURE COMPANY DOESN\'T SCREW UP. In such cases, always have an email or a hardcopy of company commitments as proof. verbal agreements are not very beneficial in such cases.
If, however, company did remove you from payroll in June although you got your H1 and did revoke your H1....you can be considered out of status. This is similar to problems faced by many where people on H1 are laid off. Follow ISN, etc. to figure out what is being done. I know there are lot of people on H1 that have been laid off and INS does not have a guidline to deal with the situation.