On OPT, H1 approved Nov,05...Whats my status

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Immigration_guy

Registered Users (C)
Hi,
I joined a consultant and I am working for him. He filed for my h1b and I got h1b approval in Nov 05. My paystubs are without taxcut since iam working on opt..... Now my question is whats my status? I am on f1 i.e OPT or I am in H1 status?

I asked a lawyer and she said I am on h1b, but one of friends had the same issue and he said he continued his opt til it expired and then switched to h1 which was already approved while he was on opt...

Can you plz advise,1) whats my current status? 2) Can I file for new i.e fresh h1b if i change employers or do I have to file for h1 transfer ? 3) Will I need the h1b approval petition from my current employer to file for new h1b or can I file for new h1 showing my f1/opt documents

Thanks in advance...
 
Immigration_guy said:
I asked a lawyer and she said I am on h1b, but one of friends had the same issue and he said he continued his opt til it expired and then switched to h1 which was already approved while he was on opt...

Can you plz advise,1) whats my current status? 2) Can I file for new i.e fresh h1b if i change employers or do I have to file for h1 transfer ? 3) Will I need the h1b approval petition from my current employer to file for new h1b or can I file for new h1 showing my f1/opt documents

Thanks in advance...
Click to expand...

1) Check I94 and H1 employment start date on your H1 approval notice.
If you got I94 with your H1 approval and your employment start date has already passed, you are on H1. If you got I94 but your employment start date is not reached yet, you are F1, and you'll be on H1B upon employment start date on H1 petition.
If you did not get I94 with approval notice, you need to get H1 stamp and reenter the US to be on H1 status.
2) New petition and transfer is exactly the same process.
Both needs to file all the doc such as LCA, I129, etc etc.

3) to file the transfer, you need to prove you are in status., you may be required pay stub if you are on H1.
 
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H1 transfer without papers..Can I ask INS FOR H1 PAPERS

Hi,
Here is another problem... my employer is not cooperating and is not willing to give me my h1 papers.. I approached a lawyer and the lawyer asked my company ppl for papers and they said I was working on opt i.e f1 and they have to do nothing with h1 papers... My lawyer told me this and he said he couldnt do anything. He said without h1 papers he cannot file for transfer...

now my question is

1)I have the LIN number, is it possible that i can request my h1 documents from the INS? If yes, whats the process?
2)Is it possible to file for h1 without the papers?
3)Can I take any legal action against my employer?

Plz help me and advise me ASAP... I am running out of time...
 
1. You can file I824, but problem is I heard it takes months to a year to process.
2. H1 approval letter may be requested when you transfer, but you can try w/o it.(Maybe someone on this forum tries it).
 
Anyone has to say something about 2. Is that possible... anyone heard of this case before?????
Thanks in advance.

GotPR? said:
1. You can file I824, but problem is I heard it takes months to a year to process.
2. H1 approval letter may be requested when you transfer, but you can try w/o it.(Maybe someone on this forum tries it).
Click to expand...
 
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