Very Weird -- Urgent Help Needed


Fluid2fin

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Did MS (2003) in USA and used my OPT and then worked on H1b for 3 years.

Then again went on F1 to do full time MBA and after graduating, could not find a job and hence had to transfer to another masters (3rd one) to keep F1 alive and kept looking for a job

Now found the job. Company applied for a premium transfer and since I had 3 years remanining on H1b, I did not have to apply in a cap

H1b got approved this week.

Now I went to the International Student office of my university to just inform them of the same.

They pulled up my record to see the SEVIS information (Student and Exchange Visitor Information System) and found out that the receipt number was there in the system, however, the SEVIS system mentions a line stating that:

"An I 129 application with receipt number ___ has been filed and currently the F1 status has Automatically being extended to Sep 30 2012"

The personnel at my University has stated that this is very werid and they need to send the SEVIS a copy of my I 797 approval so that SEVIS rectifies the automatic information in its database. They think it might be beacuase the SEVIS database automatically did this assuming that the student is falling onto an OPT and the next cap opens on Oct 2012 and hence they automatically update the F1 til Sep 30, 2012

??!!

The official approval will come in mail only after a couple of weeks...Now the company wants me to join right now and says since the h1b is approved and USCIS email says so, the university says that they advice me not to start till this SEVIS issue is resolved and they say its a unique case and they dont know how long SEVIS will take to update the correct info

What do i do? I have to join and start working but worried about how big an issue this is?

Please advice!!

The following the text of email received from USCIS:-

The Cal... has approved the following

I-129 Petition for Nonimmigrant Worker

that had been filed under the Premium Processing Program:

Receipt Number: (Given)

Petitioner: (given)

Beneficiary: (Given)

DOB: (Given)

Classification: H1B

Starting Validity Date: 01/17/12

Ending Validity Date: 01/02/15

Consulate notified (if applicable):

I-94 # (if applicable): (Given)

The form I-797 Approval Notice will follow in the mail.

Data replaced with (Given)

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Ideally if you changed your status from F1 to H1b , then you can not start working until you get your I 797A copy in your hands.. This is true for any change of status situations. If you were already working for that employer on OPT status then you can continue to work before you get notice. usually Employers do not let someone start who changed their status without getting actual approval notice as the HR department has to work on your paper work and payroll stuff which is not possible until they get actual notice.

if it was H1B transfer or extension, then "yes", you can start working before you get actual notice as you were already on h1 status.

Hope this helps.

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Ideally if you changed your status from F1 to H1b , then you can not start working until you get your I 797A copy in your hands.. This is true for any change of status situations. If you were already working for that employer on OPT status then you can continue to work before you get notice. usually Employers do not let someone start who changed their status without getting actual approval notice as the HR department has to work on your paper work and payroll stuff which is not possible until they get actual notice.

if it was H1B transfer or extension, then "yes", you can start working before you get actual notice as you were already on h1 status.

Hope this helps.

This is wrong.

Once you have counted towards H1b quota, next time you can start working on receipt no itself. Doesn't matter you do H1b to H1b or F2/H4/F1 to H1b. I had H1b to F2(approved) to H1b, and I started working from receipt date itself. This is called portability, mainly made for GC but also works in H1b cases.

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