change of status

[saiiii]

Hello All,

I have a situation here.

I am on opt with expriation on dec 2012.

I have a employer and he applied for H1b regular process, when it was in process i went to India and came back and applied for premium process.

USCIS has approved it and sent a note that i need to go for stamping as i left country while processing the change of my change of status. They said i abandoned the request for a change of nonimmigrant status and the petition shall be denied.

I got a I-797 C

my employer said as i am back in US he has applied once again I-129 for change of status on Aug 27th. This is still in process. Do you what status i come under now??

can you suggest anything on this??

[krialta]

You reentered the country on F1. Due to the change in I94 your initial request for change of status from F1 to H1 is denied. Your employer would have filed I539 for change for status from F1 to H1. Till that is approved you will be on F1.

I-129 is petition for non-immigrant worker and not for change of status - i hope that was a typo from your side.

[pontevecchio]

Convert the newer petition to PP. Get a better class of employer. He should have told you to wait for approval before leaving.

[saiiii]

Just checked i539 form it for change of status to B-1, B-2, F-1, F-2, J-1, J-2, M-1 or M-2 not to H1B.

I think for H1B we use same I129 form. Please advice if i'm wrong

[saiiii]

If mi petition was approved then i should go for stamping which i dint want too

[dchanpa@yahoo.com]

Sai,

Did you have to pay full I-129 fees for the Change of Status request? Did it get approved? Same situation and wanted to check your experience.

 

Thanks.

[rahul412]

Sai,

Did you have to pay full I-129 fees for the Change of Status request? Did it get approved? Same situation and wanted to check your experience.

 

Thanks.

Employer has to pay the H1 fee not the EMPLOYEE, that's ILLEGAL.