OPt to H1

H

himangshudas

New Member
Hi...
I am seeking helps from GURUs..
I am in F1 status and will graduate soon. I also applied for the OPT and it will approve next month may be..

Now the problem is I accepted a job offer from a company. I did not sign anything.. That company applied for the H1 visa for me by premium processs and it is just aproved. But my OPT application was long before the H1 process was filed

But later, the day when the H1 B visa is approved, the employer told me to join later..
That means I never was in their parole system..Never signed anything. never start work.

What is my status now..? Is it H1 B
and can I reinstate my F1 status since I never did the H1 process by myself or never been that company..Also I did not graduate yet and may be graduate in December. What should I do to resolve the issue
Thanks for your helps.
> Himangshu
 
No. Your status is not h1. You are still on F1. You can apply for 100 H1s at 1 time, but you are technically in h1 status only if you actually **worked** for that company. If you didn't, your old status is in affect(provided it didn't expire).

And in the future, if you want to work for the company that did ur H1, you can just start working for it with the approved H1-you don't have to apply for a new H1. But, remember though-as soon as you start working(for the company that sponsored ur H1), you'll be using your H1 not your OPT. If you join a different company, then the H1 is void and you can work on ur OPT and apply for a new H1 if you want.
 
I am confused. An attorney told me that your status is changed to H1 on the day the INS approves the change of status (or perhaps the approval date mentioned). He also told me that only one employer can apply for a change of status from F1 to H1, although you can have several H1Bs approved once you have changed status. My feeling is that he was correct. Say that you are abroad and are entering with an H1 visa at the port of entry, and the immigration officer puts an H1 status on your I94. Then you are on H1 even though you have not worked for the employer. Can somebody comment on this or point to some specific sections in the law that talks about change of status to H1?
 
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