waiting for H1B approval

xcbf8

New Member
Hi Dear all,

I am in a situation which I do not know what to do. If some great buddy knows the answer or be in the similar situation before, please help me.

My OPT will end on Oct. 13, 2006. The company filed H1B for me and the filing receipt date is July 20, 2006. Until now of course there is no approval coming yet. I plan to stop the work and resume after receiving the approval. I inform my supervisor about my planning, he did not agree since there is no backup people in the company to replace my workload. He meets with HR and seeks a solution.

HR called USCIS and got answer said that I am OK to work as long as the application in the process even after OPT expires. But the lawyer whom I consulted suggested that I better stop the working after the OPT ends. The lawyer also mentioned that I have 60 days of grace period and he is rather positive that I would receive the H1B visa at this time interval, then I can resume the work in the company.

I prefer taking the lawyer's advice, I do not want to violate the uncleared immigration law for the future application cases, but HR of the company said I can keep working, thus I have no excuse to convience the boss that why I need take a break.

My question: 1. Can I still work as to my situation?
2. Does it hurt my application of future PR?

Thank your greatly in advance!!!
 
xcbf8 said:
Hi Dear all,

I am in a situation which I do not know what to do. If some great buddy knows the answer or be in the similar situation before, please help me.

My OPT will end on Oct. 13, 2006. The company filed H1B for me and the filing receipt date is July 20, 2006. Until now of course there is no approval coming yet. I plan to stop the work and resume after receiving the approval. I inform my supervisor about my planning, he did not agree since there is no backup people in the company to replace my workload. He meets with HR and seeks a solution.

HR called USCIS and got answer said that I am OK to work as long as the application in the process even after OPT expires. But the lawyer whom I consulted suggested that I better stop the working after the OPT ends. The lawyer also mentioned that I have 60 days of grace period and he is rather positive that I would receive the H1B visa at this time interval, then I can resume the work in the company.

I prefer taking the lawyer's advice, I do not want to violate the uncleared immigration law for the future application cases, but HR of the company said I can keep working, thus I have no excuse to convience the boss that why I need take a break.

My question: 1. Can I still work as to my situation?
2. Does it hurt my application of future PR?

Thank your greatly in advance!!!

From my understanding your lawyer is correct. Try getting your HR to upgrade to premium processing immediately. I dont know whom the HR called (the 1800 number are probably not the best people to give you legal advise), as far as I know, you are "in status" only if you were previously on the same status.

Yes, if the USCIS finds out, you may be in trouble during further stages.
 
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