Applying for H1B while change of status, I539, to F1 is pending


vkguda

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Hello,

 

I have been working on an H1B, as a postdoctoral associate, at a University until June 30, 2014. I have applied for a change of status to F1 (Start date: July 1, 2014) and got a receipt from USCIS (Received date: June 26; Receipt date: June 30). Now I have a job offer from the same university that I have worked for until June 30. I would like to take the job offer but the department that offered the job is not sure on how to hire me as I do not have an approved legal status.

 

Scenario 1: Waiting until the change of status, I-539, is approved to get me a F1 status; then applying for a change of status to H1B. However, this may take at least 2-3 months and I may not have the job offer standing by that time.

 

Scenario 2: Apply for H1B, I-129, now keeping the receipt of I-539 as an evidence for lawful stay in the US. Once I-129 is approved and a I-797 H1B approval notice is received, going out of  US to get the H1B visa stamped. But if the I-539 is approved after getting the H1B visa stamped, I was told that the latest USCIS approval stands, which will be F1 from change of status I-539 approval. So, I am kind of confused on how to approach the situation.

 

Scenario 3: After the approval of I-129, if i withdraw/revoke the applied I-539 application for change of status to F1, the status period that allowed me to stay in the US after June 30, and also the status that let my employer file for an I-129 application (H1B) will no longer exist and creates a void. Its a twisted situation that has to be dealt with.

 

I would like to get advised on how the aforementioned issue  be approached. Any replies will be greatly appreciated.

 

Vamshi 

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Jairichi:

 

Thank you very much for your reply.

 

So, do you mean that once i travel outside the US for New H1B Visa stamping the COS petition is voided by default? And, there will be no decision made on my I-539 application?

 

In that scenario, i guess it means that I will have only H1B work permit (provided it is approved).

 

Thanks!

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Jairichi:

 

Thank you very much for your reply.

 

So, do you mean that once i travel outside the US for New H1B Visa stamping the COS petition is voided by default? And, there will be no decision made on my I-539 application?

 

In that scenario, i guess it means that I will have only H1B work permit (provided it is approved).

 

Thanks!

That is correct. Even if COS to F1 gets approved after your H1B approval and stamping you can just cross the border and get a new I94 with your H1B documents.

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