Need clarification on working while H1B is in process for TVU students (Urgent)

T

Trivalle

New Member
Hi,
i am trivalley student work on CPT. I filed my H1B visa in the first week of Jan, 2011 and got EAC number and RFE as well from USCIS. One week after i receive RFE, TVU issue has came into light. I responded to my RFE and waiting for the decision. I would like to know that can i continue my work till i get the decision (when my H1b is in process)?
 
I do not think you can work. Since your CPT has been terminated, you essentially do not have a valid work authorization in US. I recommend that you do not take risk by working when H1B petition is pending.

This is not a legal advise. Just for your information purposes only.
 
@Trivalle,

You cannot work while H1b petition is pending. You can work when your H1b extension or transfer is pending (there are some guidelines from VSC on this issue). But our situation is F1 to H1b. If you don't mind can you share what did they mentioned in the RFE about TVU issue. Please keep posting your status as we are in the same situation too. BTW what is your service center Vermont or California? I heard that CSC is fast with the Premium processing applications.

Thanks,
 
My RFE is nothing related to Trivalley, it is about client letter and other stuff.
When it is premium process, i dont think there will any differnece with the center.

But usually if we are on OPT we can continue working once we receive the EAC number from USCIS, even if our OPT is expired. Is this different in Tri valley case?
 
yes, our Tri valley case is different and the best immigration attorneys have no clue what to do and how to proceed. The advise they are giving is 'better not to work'. I contacted so many lawyers and everyone saying to wait till the approval. I don't know why they are taking these many days to process, USCIS premium processing time is 15 calender days.

BTW OPT cap-gap extension is different from the CPT to H1b case
 
Trivalle said:
My RFE is nothing related to Trivalley, it is about client letter and other stuff.
When it is premium process, i dont think there will any differnece with the center.

But usually if we are on OPT we can continue working once we receive the EAC number from USCIS, even if our OPT is expired. Is this different in Tri valley case?
Click to expand...

See http://forums.immigration.com/showt...-Tri-Valley-University-2-Attachments-attached
Your work authorization is revoked as of Jan. 19, 2011. You don't have OPT anymore. You can NOT work at this point. You can only work once the H1 is approved as COS.
And even without TVU, the cap-gap rules don't apply in your case. They only apply for people who have an H1 with a start date of Oct. 1.
 
You must log in or register to reply here.
Top