Work regulations while on H1 - Please help

S

sophiaUSA

New Member
Hello,

My background:
I graduated last year with a BS. While in college I was working at my university. After I completed school I got the OPT and continued to work there. In the meantime I got a job offer from another company and started there. The company applied for my H-1. My OPT was until May this year, but I got the H-1 approval in March this year. I am still a student at my university. I am taking classes toward a subsequent degree and I am still working in this 'student position'.
My question:
According to the H-1B rules, am I allowed to continue working for my university as I am still a student there, although I have received an H-1B visa sponsored by another company?

Thanks for your advice.
 
sophiaUSA said:
Hello,

My background:
I graduated last year with a BS. While in college I was working at my university. After I completed school I got the OPT and continued to work there. In the meantime I got a job offer from another company and started there. The company applied for my H-1. My OPT was until May this year, but I got the H-1 approval in March this year. I am still a student at my university. I am taking classes toward a subsequent degree and I am still working in this 'student position'.
My question:
According to the H-1B rules, am I allowed to continue working for my university as I am still a student there, although I have received an H-1B visa sponsored by another company?

Thanks for your advice.
Click to expand...

It is not clear from your post, whether you change the status from F1/OPT to H1 or applied a new H1 .

If it is a new H1 you can continue to work on OPT. If it is COS, then you are no more F1 student, and you should not work other than the sponser of H1.
 
What does COS mean? While I was still on OPT the company applied for my H-1. How do I know if they did it as a transfer or as a new H1? They just did the normal process for H1, but I did have a different status (OPT) at that time. The H1B was not my first US visa. Before the OPT expired, I got the H1.

My OPT authorization card ended in May this year. But now I am a student at this university again. I will complete a subsequent or a Masters degree. In that case, do I have all the rights a foreign student in the US has, including the right to work on-campus?
I read on this website that you can have 2 H1 visas at the same time, can I also have H1 and F1 status at the same time?
 
sophiaUSA said:
What does COS mean? While I was still on OPT the company applied for my H-1. How do I know if they did it as a transfer or as a new H1? They just did the normal process for H1, but I did have a different status (OPT) at that time. The H1B was not my first US visa. Before the OPT expired, I got the H1.

My OPT authorization card ended in May this year. But now I am a student at this university again. I will complete a subsequent or a Masters degree. In that case, do I have all the rights a foreign student in the US has, including the right to work on-campus?
I read on this website that you can have 2 H1 visas at the same time, can I also have H1 and F1 status at the same time?
Click to expand...

You can have 2 h1B if it is concurrently filed, but not H1 & F1 at the same time.

If you get the h1 approval notice look for the bottom portion. If the bottom portion comes with an I 94 card printed on the H1 approval notice itself, you are changed your status from F1/OPT to H1. Now ,Your OPT is gone. To come back to school again you have to change your status from H1 to F1.
 
H1B to F1

Hi,

like you said, for F1, we need to convert from H1 to F1. But for that, do we need to get any papers from the company??

I mean my H1 was filed with the start date of Oct 1st. But I have not joined that company. Another company has filed for my H1 that is under progress. If that gets rejected, can I go back to F1?? And for that, do I need any papers from my original company??

Please help since my OPT expires on 30th Sep and I am really worried.
 
frodobaggins said:
Hi,

like you said, for F1, we need to convert from H1 to F1. But for that, do we need to get any papers from the company??

I mean my H1 was filed with the start date of Oct 1st. But I have not joined that company. Another company has filed for my H1 that is under progress. If that gets rejected, can I go back to F1?? And for that, do I need any papers from my original company??

Please help since my OPT expires on 30th Sep and I am really worried.
Click to expand...

To change H1 to F1 you no need of any papers from any company.
 
You must log in or register to reply here.
Top