OPT-H1 status

[sathyk]

Hello Everyone,

I have a status related issue. My wife was in F1 and got an OPT valid until December 12th 2004. In the meantime she applied for H1 with company A (start date Oct 1st) and got approved. She got a job with company B and they applied for a NEW H1 (not transfer) - regular processing, just in-time before the quote was over. She got the receipt notice and it is gonna take somewhere between 90 to 180 days to process. As far as I know one cannot work with receipt notice on a new H1. Her school ISS told OPT will be invalid as soon as H1 is processed (that is October 1st). But her Employer tells that they can run the pay check without any problem (based on what ). My questions are:

1. Is OPT still valid?
2. Is the H1 approved with company A still valid?
3. What is her status?
4. Will there be any problem in the near future?

Thanks in advance
Sathyk

 

[great guru]

Hello Everyone,

I have a status related issue. My wife was in F1 and got an OPT valid until December 12th 2004. In the meantime she applied for H1 with company A (start date Oct 1st) and got approved. She got a job with company B and they applied for a NEW H1 (not transfer) - regular processing, just in-time before the quote was over. She got the receipt notice and it is gonna take somewhere between 90 to 180 days to process. As far as I know one cannot work with receipt notice on a new H1. Her school ISS told OPT will be invalid as soon as H1 is processed (that is October 1st). But her Employer tells that they can run the pay check without any problem (based on what ). My questions are:

1. Is OPT still valid? NO2. Is the H1 approved with company A still valid? YES3. What is her status? H1 Now4. Will there be any problem in the near future? Yes, if she is not joining A and H1 for Company B get RFE for current status.

Thanks in advance
Sathyk