F1 => OPT => H1B ??? h1b started, and OPT not expired yet

[opth1gc]

Hi, I finished my masters in 2008 december:

i wan on OPT from jan 1 2009 - thru dec 31 2009

meanwhile, i was approved with H1B , dated from oct1 2009 thru oct 2012.

while on OPT i didnt do any job 2009 jan - 2009 dec 31

question: as i got i-797 valid from oct 1 2009 thru oct 2012, am i still on F1\OPT from 2009 october , november,december? i didnt do any job at this time..am i out of status at taht point? i dont have w2 for 2009.

am planning for GC processing, how would this effect?

Thanks for your time and replys in adv.

[shandan]

Usually they only look, if you were in status since the last time you entered the US. So your GC process should be fine, as given the priority dates, you would definitely be traveling out of US and come back before it is time to file for I-485.

That said, I am not sure what your status is now, are you working now ? As I remember that even on OPT either you work or go back, it is not like you stay here doing nothing.

[catx]

On OPT employment authorization the maximum period of unemployment is 90 days. Being unemployed (not working) for any longer while on OPT can be a problem. Remember while on OPT you are still on your F-1 visa. On a F-1 visa you can either attend university full-time or if graduated optionally work for 12 months on OPT. A F-1 visa does not allow you to remain in the U.S. and not go to school (full-time) or not work (on OPT employment authorization).

[opth1gc]

Thanks for the replies:

am working now and have w2's for 2010 ,2011 and 2012.....i also got stampled when i visited india in 2012 feb.

by the way, now i changed my employer too, been a year.

my concern was: i was on OPTA in 2009 and haven ot worked and h1 validiy started from october 2009 (but opt expired dec 31 2009), at this time, can i say that am stil on OPT?(even though i have valid i-797 that states start date as oct 01 2009, can i be on OPT as my OPT ends on dec 31 2009?)

also if H1 starts on oct 1 2009, i didnt worked at that time and i dint have w2. will this be an u issue in GC processing?

Thanks in advance for your replies....

[catx]

From your post, your OPT employment authorization expired in December 2009, so you cannot be on OPT employment authorization past that date. You must have been on your H-1B visa from either October 2009 or December 2009 onwards.

[opth1gc]

Hi, how should i understand my status?

catx: thanks for the reply: how shoud i understand it? am i on h1 from october 2009..? or as my OPT expires on dec31... should i be considering my h1 as from 2010 jan 1?

i dont have 2009 w2.

i have 2010 w2....

please can someone shed somelight on this situation? thanks in advance

[catx]

Given your situation per your posts and the nature of your questions, the best advice is to consult with a qualified, experienced immigration attorney to determine what your status was, is, and when. From there the lawyer can guide you on the permanent residency (green card) process. Remember that ignorance of immigration status, laws, regulations, and rules is no excuse, and any violations are treated the same as willful immigration fraud.

[Vinnie_V]

Even though your OPT was supposed to expire on 2009 December 31st, You are on H1b since Oct 1st 2009. The F1 status gets voided on H1b since you cannot remain on 2 visas at the same time. So technically you have been in H1b since October 2009 and your approved h1b approval notice comes with an I94 with the mentioned H1b visa start/end dates

You cannot be unpaid on H1b status, its a violation of the h1b visa status. You should have a 2009 W2. As Catx suggested, please consult a lawyer to discuss your situation.

[opth1gc]

Thanks all for sharing your thoughts

[Attorney_25]

I agree with most of the statements above. Your 2009 W-2s should not become an issue during your I-485 process, nor your 2009 immigration status since you have a valid approved H-1B petition and I-94 at this time, and have traveled at least once since the status issue arose. It certainly is a good idea to have an attorney review your entire immigration history prior to filing the I-485.