OPT to H1 - Was out of status but reinstated (possible complications)

giskarded

New Member
Hi,

I moved to the USA on an H4 visa, transferred to an F-1 visa. One year before my graduation, I had financial problems and was out of status for a few months. I had to get my F-1 visa reinstated. I then completed my BA degree. And am currently working in IT during my OPT.

Will this out of status affect my chances of being approved for an H1 (which will be filed by April 1st 2007).
 
April 1st, 2008 you meant? I don't think it would affect your H1 approval. However, you may get approved without change of status. In which case you will have to go back to your home country to obtain a visa stamp based on your approved H1.
 
Thanks for the reply.

I am considering applying to the college I was at during my undergrad... for a new F-1 for the duration that I will be in my grace period (60 days OPT) till October 1st.

So, if I file my H1 for the April 2008 cap. Then, ask my old school (opt that I'm under) to grant me admission into the grad program. would this change nullify my H1 application? I was told by my councilor that it should not as it would basically be the same F1 and same SEVIS record number.
 
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