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  1. #1

    Default Can You Remain in the U.S. After a H1B to F1 Transfer

    This is my current situation and I need answers to these questions.

    I entered US in aug 2012 on F1 visa. Completed masters in 2014, Worked on OPT until Oct 2015. In Oct 2015 my H1 was approved for 1 year with Company 1. But in April 2016 I filed for H1 transfer to Company 2, H1 amendment was filed in nov 2016 as it was a client change. I was working on Receipt notice until Oct 2017 when H1 transfer to Company 2 applied in April 2016 was denied.

    Immigration attorney gave me advice to immediately apply for H1 to F1 change of status. I took admission to university and that process was started in Nov 2017.

    Now I have a proper job and new project, So will I be able to apply for fresh H1 (transfer) to another company, and can I justify the time period from Nov 2017 to Aug 2018 of not working by providing my H1 to F1 change of status receipt notice!

    Another question is, what if I apply for fresh H1 (transfer), can i start working on Receipt notice or do I have to wait for approval and then go out of country to get it stamped?

    What is the situation with regards to I-94 then since my I-94 has already expired when H1 got denied in Oct 2017.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Applying H1 Transfer

    Your issue here is that you did not find a way to maintain lawful status ("bridge the gap") between the time you went out of H1B status through the time you became eligible to be present on your F1 visa (30 days before your start date for your studies).

    The question of whether or not you accrued unlawful presence will depend upon your I-94, and what (if anything) was done by the USCIS after you went out of H1B status or after your F1 petition was approved. But even if we assume that you did not accrue unlawful presence, the question of the gap in your status could become an issue when you seek a new visa.

    It would be advisable to get back in touch with your immigration lawyer to sort out the details and, if necessary, your options.

  3. #3
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Applying H1 Transfer

    Whether there was illegal presence or not depends on whether he stopped working for Company 1. If he did, the rejection of the transfer made all the illegal presence retroactive to when he would have gone out of status on the previous H1B (most likely days after his employment there ended). If he remained working at Company 1 while trying to transfer, chances are he didn't accrue any illegal presence.

    Still, he has an attorney, the attorney has the details. We don't.

    I don't know what keeps eating my post. But my answer is still the same. Why doesn't he ask "Immigration Attorney."

  4. #4
    Join Date
    Sep 2005
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    Default Re: Applying H1 Transfer

    Quote Quoting flyingron
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    Whether there was illegal presence or not depends on whether he stopped working for Company 1.
    We were told, "I was working on Receipt notice". The only reasonable construction of that statement is that the OP started to work for Company 2 after the USCIS issued a receipt for its H1B petition.

  5. #5
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Applying H1 Transfer

    Quote Quoting Mr. Knowitall
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    We were told, "I was working on Receipt notice". The only reasonable construction of that statement is that the OP started to work for Company 2 after the USCIS issued a receipt for its H1B petition.
    Good point. Looks like he got illegal presence back to the time he left Company 1 then. Still, unless he left the US during these shenanigans, he has still "legally entered."

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