F1 to H1-B (H1 kicked in and out of F1)

[p@1tejareddy]

Hi Team, 

I'm currently on STEM OPT valid till December-2020. I moved from Company-A to Company-B in April, both filed H1. Company-A wrote letter to USCIS to withdraw in June, but still got H1-B approved from USCIS in July. Company-B H1-B got rejected. Now in November I wanted to move to Company-C and tried to reach college to issue new I-20. Upon school contacting SEVP, they said I'm out of F1(OPT), since my H1-B was approved from Company-A and change of Status (F1 to H1). My college said they can put me back to F1 if I can get withdrawn notice from Company-A, but USCIS approved my petition. 

I got I-797 approval notice copy from Company-A. Can I transfer my H1-B to Company-C. Also will it be out of status in the meantime of transfer? 

Looks like mine will be a case study 😉

Thank you 

[jobfed]

4 hours ago, p@1tejareddy said:

Hi Team, 

I'm currently on STEM OPT valid till December-2020. I moved from Company-A to Company-B in April, both filed H1. Company-A wrote letter to USCIS to withdraw in June, but still got H1-B approved from USCIS in July. Company-B H1-B got rejected. Now in November I wanted to move to Company-C and tried to reach college to issue new I-20. Upon school contacting SEVP, they said I'm out of F1(OPT), since my H1-B was approved from Company-A and change of Status (F1 to H1). My college said they can put me back to F1 if I can get withdrawn notice from Company-A, but USCIS approved my petition. 

I got I-797 approval notice copy from Company-A. Can I transfer my H1-B to Company-C. Also will it be out of status in the meantime of transfer? 

Looks like mine will be a case study 😉

Thank you 

I am in the same boat. My F1 was terminated because H1b was approved in july and i didnt come to know of my h1b approval until August when i changed employer and i got the latest i20 which said my h1b was approved. From my understanding we have 60 days grace period from start of h1b which was Oct 1st and 60th day being  Nov 30. My employer is filing a H1b transfer citing that we can try for a transfer since am in my 60 day grace period.

My friend was in a similar boat, he was laid of before oct 1st and he applied for transfer. He got an RFE stating maintenance of status and after his reply stating that the previous employer did not withdraw application before oct1st so his status changed automatically, his H1b was approved without an i94.

[p@1tejareddy]

On 11/12/2019 at 3:54 PM, jobfed said:

I am in the same boat. My F1 was terminated because H1b was approved in july and i didnt come to know of my h1b approval until August when i changed employer and i got the latest i20 which said my h1b was approved. From my understanding we have 60 days grace period from start of h1b which was Oct 1st and 60th day being  Nov 30. My employer is filing a H1b transfer citing that we can try for a transfer since am in my 60 day grace period.

My friend was in a similar boat, he was laid of before oct 1st and he applied for transfer. He got an RFE stating maintenance of status and after his reply stating that the previous employer did not withdraw application before oct1st so his status changed automatically, his H1b was approved without an i94.

Did your previous employer withdraw H1-B? If so is it before or after Oct 1st? Can we continue to stay in US if new employer files before Nov 30? will it still be in status(legal) to stay after filing and waiting for response. 

To your friends point, my previous employer withdrew in June, but still got approval in end of July and still the same. What are the chances of approval if its withdrawn before Oct-1st?