New Regulation ??? Help Please

[worker567]

Please help!! anyone knows about this??!!!

My company applied for an H1B FY2006 staring date October 1, 2005. The visa has been approved. I am currently working under my OPT wich expires in June 20, 2005. I have a Master's degree and according to the latest regulations on Allocation of Additional FY2005 H1B, theorically my company could apply for an "upgrade" of the staring date to an earlier one, to avoid interrupting my job, even if the visa has already been aproved.
There is only two days left and I was wondering if anyone out there can help me with more info!!! I am affraid that if my company sends for an upgrade petition and something happens my preivious approval would be gone!!!!

thanks!!

 

[great guru]

Please help!! anyone knows about this??!!!

My company applied for an H1B FY2006 staring date October 1, 2005. The visa has been approved. I am currently working under my OPT wich expires in June 20, 2005. I have a Master's degree and according to the latest regulations on Allocation of Additional FY2005 H1B, theorically my company could apply for an "upgrade" of the staring date to an earlier one, to avoid interrupting my job, even if the visa has already been aproved.
There is only two days left and I was wondering if anyone out there can help me with more info!!! I am affraid that if my company sends for an upgrade petition and something happens my preivious approval would be gone!!!!

Did you get I 94 at the bottom of your H1b approval notice??
thanks!!

 

[worker567]

no i did not. Because of the gap between my OPT and H1B, my change of status was denied .. there is about a month and a half that I would be out of status... so they sent instructions that I have to go to my country to get the h1B at the US consulate.

 

[great guru]

no i did not. Because of the gap between my OPT and H1B, my change of status was denied .. there is about a month and a half that I would be out of status... so they sent instructions that I have to go to my country to get the h1B at the US consulate.

Your attorney can request INS for an early start date in the 20000 quota on approved H1 with a COS + I 94.

 

[worker567]

Your attorney can request INS for an early start date in the 20000 quota on approved H1 with a COS + I 94.

Thanks! for answering!! great guru . One thing what is a COS??

 

[maskatya]

Ino for ppl who have applied for H1 starting Oct1

http://pubweb.fdbl.com/news1.nsf/9a...ea605a9e5e2ed00b85256fff00578007?OpenDocument

I will be traveling home soon while my H1 application is still pending (applied in April for starting date Oct 1st). I will be expecting an approval at home (outside US) and then apply for stamping immediately after. According to reports such as the one below, would my whole application be denied or just the change of status which obviously requires one to go to their home country for stamping when OPT expires. Would I have to reapply for the H1?

Any input would be appreciated. I would reccomend reading the whole report.
Thanks

"Cap gap" issues. F-1 students who are planning to change status to H-1B but are foreclosed by the Fiscal Year 2005 cap from commencing H-1B employment in Fiscal Year 2005 may fall into a "cap gap" – a period of time between the expiration of their F-1 status (plus 60-day grace period) and an H-1B employment start date of October 1, 2005 during which their status lapses. For these foreign nationals, applications to change status to H-1B may be denied because of the prospective lapse in status. Last year, DHS, through the ICE agency, provided limited "cap gap" relief for these foreign nationals, extending their F-1 status until the beginning of the next fiscal year provided that certain conditions were met. However, such relief is granted on a year-by-year basis only. DHS officials have informally indicated that some cap gap relief will be provided for this fiscal year, but the agency has not yet specified when or how the relief will be provided.