Reinstatement while on H1B

[pradeepb28]

Hello,

Very recently my H1b was approved from Employer A. But I am working with Employer B. My Current Employer B doesnt want to transfer, as Employer A is not co-operating with us, so instead they sent a reinstatement to USCIS to put me back to F1 status (on OPT). While on the reinstatement am I eligible to work with Employer B and how long does it take to get update from them? And also would like to know if there is any premium processing on reinstatement process?

Thanks.

[JoeF]

Huh? An employer can not reinstate an F1. You would have to enroll in school and take classes. That would also immediately invalidate any OPT.

You can't continue working for employer B, as you are now on H1 and have to start working for employer A.

 

[pradeepb28]

Sorry, it's me who's reinstating to go back to F1 to use my unused OPT days. Actually, there is a problem with Employer A who didnt cancelled my H1 application during RFE. I have reinstated everything about this and requesting USCIS to put me back on F-1.

[shekar11#]

Your OPT is gone once your H-1 was approved. You cannot use it anymore.

[JoeF]

That OPT is gone forever. You can not get it back.

You are in H1 status and you have to stop working for employer B immediately, and you have to start working for employer A.

[pradeepb28]

Attorney said this is the only hope that it can put you back to OPT(if they believe the reasons mentioned are valid enough). He said I am ok to work with employer B, so I am still working with him. It's been around 3 months now, I am still working with employer B. Now, still the case is pending and planning to go back to India. Does it going to effect my future visas, as I worked? Or will I get deported while leaving US now? Please help me. Thanks.