H1B Approved but still waiting for job offer

[damima516]

Hi,

Currently I am on STEM OPT and that expires in second week of Sept 2021. I got a conditional job offer from company A in Feb 2021 and they filed for my H1b as well. My H1b is approved but due to some of their internal processes taking time, it has been 4 months now and my final job offer has still not been approved by their office. As the time for my H1b to go into effect comes nearer, I am worried that they won't send the job offer in time and I would not be left with any options other than enrolling in some university just to maintain my status. I have been emailing them pretty regularly but their responses are always that they're still 'processing' the file. I have already applied for cap-gap at this point. Now my question is that if I end up not getting the job offer before Oct 1 and have to enroll in a university instead (classes begin Oct end), will I be considered out of status Oct 1 onwards? Or will still be on a valid H1b visa but unemployed until my F-1 visa comes into effect when my classes begin? When should I file for H1b to F-1 COS? 

Also, is there any way to force company A to expedite their approval process legally? 

[Zodiac System]

Do you have a copy of your approval notice with you?  Have patience.  I think your company A will come up with a job offer by October 01.  You can keep following  up with them if you like.  Good luck.

Edited August 23, 2021 by Zodiac System

[LeaveMessageH1B]

On 8/20/2021 at 3:46 PM, damima516 said:

Or will still be on a valid H1b visa but unemployed until my F-1 visa comes into effect when my classes begin?

If you don't have job (job offer/conditional/ offer letter- does not count) and have filed/approved H1- you are not on H1. 

Do not rely on emails, try to get solid answer and maintain your status , at the end of day it's your responsibility. 

On 8/20/2021 at 3:46 PM, damima516 said:

will I be considered out of status Oct 1 onwards?

Clarify this with your school DSO, they have clear answer for this.  (anything is approved is final. Filed, conditional approvals and offers are not).

On 8/20/2021 at 3:46 PM, damima516 said:

Also, is there any way to force company A to expedite their approval process legally?

No, If they really need resource- they will do it else not.