Status question pls

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sam99

Registered Users (C)
What will be the status of a person whose F1 student visa is cancelled by a University and H1B is in process with new company. Is he illegal in this country or his stay is valid. Any inputs will be appreciated. Tks.
 
Originally posted by sam99
What will be the status of a person whose F1 student visa is cancelled by a University and H1B is in process with new company. Is he illegal in this country or his stay is valid. Any inputs will be appreciated. Tks.
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Please provide specific or sample dates, without which it's difficult to gauge the seriousness of the situation.
 
His/her stay in the US is legal pending the outcome of the new petition. However, he/she cannot start work until the H1 is approved.

There is a good chance that the INS will ask him/her to go overseas, get the H1 visa stamped and return with a new I-94.

Good luck!
 
mavishka

His F1 was cancelled around Dec 15 last yr and before that he found a new company who was ready to process his H1B.
 
Sam99

After 550+ posts, you still seem not to get the point. The point is not whether the candiate "found and employer who can sponsor H1". The point is whether INS received the H1B petition before December 15th or not.

Do you get the point ?

Even if the employer hugs the candidates and shouts loudly that he is sponsoring the H1 for the candidate, does it really matter ?

Do you still get the point ?

Here everything is INS centric. Did INS receive, Did INS send a receipt Notice ? What is the received date on the Notice ? and finally Did you get the point ? :-)

Also, when you post a question, there are several people who want to help others. But then, dont puzzle them. Give full info ( change it if you want arbitrarily so that you dont give out your info) - then they will answer you in one shot - Time saved for everyone.

Hope you got the "."
 
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Re: Sam99

Originally posted by DryIce
After 550+ posts, you still seem not to get the point. The point is not whether the candiate "found and employer who can sponsor H1". The point is whether INS received the H1B petition before December 15th or not.

Do you get the point ?

Even if the employer hugs the candidates and shouts loudly that he is sponsoring the H1 for the candidate, does it really matter ?

Do you still get the point ?

Here everything is INS centric. Did INS receive, Did INS send a receipt Notice ? What is the received date on the Notice ? and finally Did you get the point ? :-)

Also, when you post a question, there are several people who want to help others. But then, dont puzzle them. Give full info ( change it if you want arbitrarily so that you dont give out your info) - then they will answer you in one shot - Time saved for everyone.

Hope you got the "."
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Just to add to this point, I think the rule where "one can start working with new H1 as long as a petition for new H1-B is made" is applicable for only those who are already in H1-B status.

In this case, I feel he/she (a) cannot work till H1 is approved and (b) INS may not renew I94, which may force you to leave the country, get it stamped and come back.

This is purely my opinion, consult a lawyer.
 
Re: mavishka

Originally posted by sam99
His F1 was cancelled around Dec 15 last yr and before that he found a new company who was ready to process his H1B.
Click to expand...

Being 'ready' to process an H-1 is different from actually applying for one. If the company did apply for the H-1 before Dec 15, 2002 then most probably your friend's in good shape. Even if the H-1 was applied shortly thereafter he still stands a chance that INS might overlook such a short period of illegal stay. But after 9/11 you never know how INS views such things especially for students on F-1 status. Ask your friend to consult a competent immigration attorney.
 
DryIce

Originally posted by DryIce
After 550+ posts, you still seem not to get the point. The point is not whether the candiate "found and employer who can sponsor H1". The point is whether INS received the H1B petition before December 15th or not.

Do you get the point ?

Even if the employer hugs the candidates and shouts loudly that he is sponsoring the H1 for the candidate, does it really matter ?

Do you still get the point ?

Here everything is INS centric. Did INS receive, Did INS send a receipt Notice ? What is the received date on the Notice ? and finally Did you get the point ? :-)

Also, when you post a question, there are several people who want to help others. But then, dont puzzle them. Give full info ( change it if you want arbitrarily so that you dont give out your info) - then they will answer you in one shot - Time saved for everyone.

Hope you got the "."
Click to expand...

DryIce,
Why are u so mad at me? My question was pretty straight forward. Anyway Thanks a ton for all ur opinions and replies.

BTW Hv a glass of cold water with ice in it :D
 
Re: Re: mavishka

Originally posted by mavishka
Being 'ready' to process an H-1 is different from actually applying for one. If the company did apply for the H-1 before Dec 15, 2002 then most probably your friend's in good shape. Even if the H-1 was applied shortly thereafter he still stands a chance that INS might overlook such a short period of illegal stay. But after 9/11 you never know how INS views such things especially for students on F-1 status. Ask your friend to consult a competent immigration attorney.
Click to expand...

Thanks mavishka
 
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