Strange Case

P

prem bargav

New Member
i was working for compnay X on optional practical training(F1) and they applied for h1-visa.it was approved on SEPT 5,2000 with the start date of 1st OCT,2000.i was laid off on SEPT 8,2000.the lawyer told me,its like my H1 was never in effect and asked me to continue on F1.

i got a job in company Y and joined them on NOV 6,2000 on OPT which expired on JAN 2nd, 2001.this company failed to file a H1 transfer or whatever on time.now,i have stopped working from JAN 2nd,2201.

i have an option to enroll in an university to extend my f1. but university is saying the moment i got my H1 i was terminated of my F1 status and now they can convert me from H1 to F1.

1).if i was on H1 all these days as the school says then,i hate to say it but i have been working illegally.
2).if i was on F1 then can i transfer to H1 now?.
 
No Title

In my opinion you illegally worked for company Y. When you got approved H1 visa from company X, your status is changed from F1 OPT to H1 and your OPT remaining time is useless. You might want to consult with attorney ( a good one and yes pay some money) and fix your problem as soon as possible.
 
No Title

Very Funny and Sad- Because I had the same problem before- Got H1 while being on My OPT, but got terminated before H1 started. After 2 months of OPT expiration, started work with a new company on a new H1. Dont know what will happen to my GC process!
 
No Title

well, the same thing almost happened to me but here is the deal.. I am working for A company and they applied for my H1, I quit before it got approved and they withdrew the application so nothing happened and I was fine when I applied for my H1 with company b but I spoke to my lawyer about what would have happened if my H1 had been approved, she told me that ones you H1 is approved, you status has been changed and you OPT gets to be invalid. So, you need to speak to you lawyer to see what they can do for you now.. maybe they can explain the situation to INS but it is going to be hard.
 
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