need help for H-1B

[rohitG1970]

Deal all,

I have a question about my current situation that need your help.

(1) Currently I am working in university with my OPT
(2) A company has applied H-1B for me and it got approved with starting date on 10/01/2005
(3) I decided not to join this company on 10/01/2005 and want to stay my cureny university job due to some personal reasons.
(4) I have contacted the company to ask them to revoke this H-1B for me, but it seems they don't want to do that.
(5) The university will file a new petition of H-1B for me in middle of September, but they don't want to do premium processing even though i pay this $1000.

My question is:

(1) can I regain my OPT on 10/01/2005 if the company revoke this H-1B? Somebody told me regardless they revoke or not, I will be out of status on that date (10/01/2005) since I will not work for them and the H-1B will be effective on that date. Is this true?

(2) If the university files new petition for me before 10/01/2005, can I work during pending status (for sure it will not get approved on 10/01/2005 if they file in the middle of september).

(3) If I can not regain my OPT and in pending status after 10/01/2005, what should I do? can stay this country or should I change to H-4 (my wife will be on H-1B on 10/01/2005)?

I am very anxious about this, and thank you very for your inputs.

Rohit

 

[great guru]

Deal all,

I have a question about my current situation that need your help.

(1) Currently I am working in university with my OPT

What is your OPT validity Period?[/B]
(2) A company has applied H-1B for me and it got approved with starting date on 10/01/2005

Did they apply new H1 or change your OPT/F1 to H1.?

(3) I decided not to join this company on 10/01/2005 and want to stay my cureny university job due to some personal reasons.

Answer above two questions First?
(4) I have contacted the company to ask them to revoke this H-1B for me, but it seems they don't want to do that.
Did you graduate- what is your degree?
(5) The university will file a new petition of H-1B for me in middle of September, but they don't want to do premium processing even though i pay this $1000.

My question is:

(1) can I regain my OPT on 10/01/2005 if the company revoke this H-1B? Somebody told me regardless they revoke or not, I will be out of status on that date (10/01/2005) since I will not work for them and the H-1B will be effective on that date. Is this true?

(2) If the university files new petition for me before 10/01/2005, can I work during pending status (for sure it will not get approved on 10/01/2005 if they file in the middle of september).

(3) If I can not regain my OPT and in pending status after 10/01/2005, what should I do? can stay this country or should I change to H-4 (my wife will be on H-1B on 10/01/2005)?

I am very anxious about this, and thank you very for your inputs.
Answer first
Rohit

 

[rohitG1970]

Thank you very much for your help.

(1) my OPT valid till to 12/31/2005

(2) They applied a new H-1B (is there transfer from OPT to H-1B?)

(3) I have my Ph.D degree

Thanks.

Rohit

 

[great guru]

Thank you very much for your help.

(1) my OPT valid till to 12/31/2005

(2) They applied a new H-1B (is there transfer from OPT to H-1B?)
if it is new h1 you no need to join the sponsering company, you can apply another H1 through your school.
(3) I have my Ph.D degree
You may qualify for US graduate 20,000 quotss. Once approved you can join any date if it is Y 2005 quota or Oct 1 if it is Y 2006 quota.
Check whether it is change of status or new h1, if it is change of status fromF1/OPT to H1 you can not come back to OPT.
Thanks.

Rohit