Was I on OPT or H1?

[Sul]

Not sure if I was on OPT or H1

I had filed for H1 in a consulting firm in December 2004. My OPT was to expire on March 30, 2005. I received H1 approval in February 2005.

However, uptil until May, my employer did not pay me any money, as I was not able to get any project during that time.

I know there is about 2 months grace-period after expiration of OPT, which in my case would be May 30, 2005.

My question is: Since my employer did not pay me before May 30, 2005, would I be considered on OPT or H1 for that period?

Please help.

 

[anu3982]

hello,
it depends on what date did ur h1 actually start?-u said u got approval in feb'05 -but dated when to when?

anu

 

[IndiraGandhi]

My question is: Since my employer did not pay me before May 30, 2005, would I be considered on OPT or H1 for that period?

---Once your H1 petition is approved, you will lose your F1 status (in your case you were in OPT). The day you received your approval notice, your OPT becomes invalid. You cannot have multiple status at the same time. So in your case, you are in H1 from Feb 05. Your employer may say that you didn't have any project in hand and you were in bench.

 

[Sul]

Indira, it looks like I am doomed.

Anu:
"it depends on what date did ur h1 actually start?-u said u got approval in feb'05 -but dated when to when?"

Anu, my H1 says it is valid from 01/19/2005 to 01/19/2007.
Does it help my case?