Urgent !!Weird Situation and complicated ---Help

[jerry201212]

I have an OPT visa valid from Jan 2008 to Jan 2009, and I also got a job with sponsorship to apply for the H1 visa. Unfortunately, I couldn't get the quote this year(2008), after few weeks, my lawyer told me I can apply for the H1B for (Singapore) if any left. Luckily, I got the quote, and submit the applications at Oct 1st. USCIS Vermont Service Center cashed my checks, and seems like everything goes well, and waiting for the reply.

Recently, I got laid off from the original sponsor company, but I got another job and sponsorship after 9 days.

1st Question: Since I got laid off, and got another sponsorship, what can I do about this situation?? Case still shows pending on the USCIS website.
2nd Question : I also paid the premium service but after 2 months still shows nothing, can I ask for the refund if I got the result.
3rd Question: Since the case still pending, I, of course, can work legally, but how about next year if case still pending, and opt already expired??

Thanks for any one who can help me, also appreciated for finishing reviewing my poor story.

 

[GotPR?]

That's complicated.. You have to talk to lawyers.

 

[jerry201212]

Guess what the lawyer said?? I am so pissed.

Lawyer: let's wait for the result first, and see what can we do.

 

[GotPR?]

Have you heard of the word, The second opinion ?

 

[TheRealCanadian]

Since I got laid off, and got another sponsorship, what can I do about this situation?? Case still shows pending on the USCIS website.

Have your new employer file a new H petition.

2nd Question : I also paid the premium service but after 2 months still shows nothing, can I ask for the refund if I got the result.

Of the $1000, sure.

Since the case still pending, I, of course, can work legally

Based on your OPT, not based on the pending H petition.

but how about next year if case still pending, and opt already expired??

Once your OPT expires, you cannot work. I'm not even sure if you're in legal status, but OPT is not an area I know much about, so take that with a grain of salt.

 

[jerry201212]

Thanks for all the replys.

But the problem is that the 1st H application still has no reply and result. How am I gonna apply for another one with different sponsorship??

 

[GotPR?]

if the quota is still available, the employer can apply.

 

[jerry201212]

I don't think the quote is still available. I had to join the lottery to get the quote to begin with.

I don't know what I can do be4 knowing the result, either rejection or approval.

 

[kabkaba]

If you changed your status to H1 and worked on H1 then your OPT is void, you no longer hold F1 status and cannot work on OPT.
Get legal help and second opinions.

 

[TheRealCanadian]

I don't think the quote is still available. I had to join the lottery to get the quote to begin with.

You indicated you applied under the Singapore H-1 pool, rather than the regular numbers. You should be fine.

 

[TheRealCanadian]

If you changed your status to H1 and worked on H1 then your OPT is void, you no longer hold F1 status and cannot work on OPT.

How could he change to H1 status if the petition was never approved?

 

[jerry201212]

How could this happen !!!

How could this happen !!!

USCIS cashed the check, and process my applications on the Sep., and I tho' I have been slecected , and got the quote for the H1B, so I waited until now.

Today, 12/22/2008, USCIS sent a letter to my lawyer, saying that we made a mistake and gave the wrong recipt to you. There is no quote actually left, and sorry for your inconvenience. We will refund all the fees to you.

After these months waiting and frustraions, I got this sxxt answer.

Can I file a lawsuit to USCIS???? or what else I can do for this situation??