Status Question (s)

S

skotapal

New Member
I graduated with a Masters in Aug 2001. And had my OPT start on September 10, '01 :)eek: ). I finally found a job in January and the company has applied for an H1-B on July 22, 02. I am vary that I may not get the H1-B before the OPT expires.
1. If that happens what is the course of action I can take?
2. Am I in status after Sept 09, 02?
3. How long can I stay after that to wait fo a decision from the INS?
4. What if the H1-B petition is rejected? (What are the chances??)
5. Can the company re-apply (appeal?)?

Any replies will be greatly appreciated!!
 
Answers

1.If H1 does not come in time, you should be taken off the payroll and wait for h1 approval to rejoin employer.

2. "Am I in status after Sept 09, 02?" Do U mean before sept 9?
How long was your F1 visa valid (your degree receiving date is irrelevant here)

3. You can wait upto 240 days for a decison from INS without incurring deportation.

4. If H1 is rejected you go home (chances: anybody's guess). However if you had a definite out of status period and you have been out of status for less than 180 days you might be asked to go out and get a new I94. For you it will be a trip to canada or mexico and back...

5. All decisions by INS can be reappealed. But U need proper grounds for reopening the case...
 
Thanks for the reply Jaxen!

Couple of clarifications.
1. Sept 9, 2002, is the date my OPT expires. My questionwas will I be legally be in status after that. I think you partly answered that when you answered that I can wait upto 240 days. But Am I "in-status"?

2. in point 4, when you say go asked to go out and get a new I-94. I am a bit confused... If I do not have a valid visa (F1 is no longer valid, I have no other type of Visa), how can they allow me to enter?

3. My company is small, and we are only three people in the US. Is that a negative when the case is being considered?

Any replies will be appreciated!!
 
there...

1. Yes , since a visa application is pending with INS, you are in status. But U need the approval to continue working for the employer.

2.Your h1 approval might not come with a new I94, in which case You have to go out and come in with a new I94

3. Not for H1 status approval...
 
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