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  1. #1

    Default Opt to H1b Transition , Out of Status

    I'm on F1 until Jul 2012. Right now on post completion OPT (01-May 2011 to 01-May 2012, technically can be extended for 17 more months).

    Old Employer -- Last date: 17th June .. was on OPT

    New job with new employer from 20th June 2011.

    Previous employer filed H1 and it was approved(to be implemented from October 2011) after I left them (17th June 2011).

    I opted to stay on F1 since I was on OPT, previous employer requested a revoke/withdrawal sent me email confirmation that it was withdrawn.

    When I got the approval email, my University said "ur SEVIS says you are on H1 please send us updated documents, and also we cannot give u i20"



    Contacted my previous employer, Attorney & University (this was happening since Aug 2011)

    This is what they say:

    attorney: your previous employer shd help you.

    University: We need something (other than email) from ur previous employer that says ur case was withdrawn.

    Prev Employer: ​Sorry but we don't have anything but the email.

    On my request prev employer called USCIS california service center (was on my H1 approval document) they said .. we cant do anything the case is closed.

    University suggested to take a infopass appointment, went there too, they did not even lsiten to my situation, instead they said what all you have is with your employer so its an employer thing we have noting to talk to you.

    this is wat my univ said "You will need USCIS to change your H-1B application status from approved to withdrawn. When they update this information in their system it will automatically update in the SEVIS system. I will then be able to issue you a new I-20."

    So after i pestered my previous employer a lot (US company) they contacted USCIS and and were able to get me a letter from them (hard copy) that says my H1B was revoked and the date on that letter is 18th Jan 2012, which is after 10/01/2011(my H1B approval date) and after me submitting this letter to my university , just two days ago they got back to me saying

    XXXXXX,

    I just received an email from SEVIS yesterday evening. They are not reactivating your F1 immigration record. Their reasoning is: “Based on the documentation that has been provided, there is no evidence that the employer sent a letter of withdrawal to USCIS prior to the H-1B effective date of 10/1/2011.”

    You’re options at this point are:
    · Leave the United States within 15 days
    · Apply for a new program of study and then apply for reinstatement

    At this point I do not advise changing your immigration status while in the United States since you are currently not in valid F1 status.

    Let me know if you have more questions.



    Sincerely,


    WHAT DO I DO NOW :-(

    My current employer is saying that Univ people don't know everything .. we will apply your h1B in premium and that defect should be rectified, as long as you have a revokal letter you should be good.


    Please suggest ...!
    Some friends told me that if I do not leave US in 15 days I will be banned for 10 yrs from re-entering the country, is it so.


    Also, my new employer filed a H1B just yesterday in premium.
    Along with H1B we stated facts as to what happened in my case with two attachments:

    1. A copy of letter that my previous letter sent to USCIS with a date of Aug 9th 2011.
      A letter from my university verifying my attendance and attempts that were done to fix the data.



    My employer is saying that your H1B might be approved but your change of status will be denied.

    I'm planning to apply for a F1 reinstatement of my H1B is not approved.

    My questions are

    Is it right ? What I'm doing (waiting for H1B result)?
    What about all the days that I worked on OPT from 1st October 2011 till today ??
    Should i ask my employer to undo the payroll from 1st October 2011 ?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,281

    Default Re: Opt to H1b Transition , Out of Status

    Get an attorney. You have a mess that is too complex for a forum. Revoked is very different from withdrawn. I would not trust your employer; if he is getting this information from his attorney, ask to speak with the attorney directly. HR people at employers are not competent to give legal advice.

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