Experts please advice

[Ajay_K]

Hi All,

Background:

During my OPT period (had 10 months left) while I was working as a consultant had to visit India and as my F1 Visa expired then (Initially got F1 visa for 3 years), I had to go for F1 visa stamping on my OPT which was rejected thrice. Finally, I got my F1 visa approved for a PhD program.

Came back to USA, luckily my OPT was still valid until I enroll in the University for PhD. So, my employer "A" applied my H1-B while I was working for XXX client which got approved for 1 year and later I got a new job as a consultant at client YYY and I have been working there since a year now.

I transferred to another employer "B" in Nov, 2012 (working for the same client YYY) and got my H1-B extension approved for 3 years recently.

I am planning to go to Canada for my H1-B visa stamping and I am a bit concerned about the possible questions the VO might ask me regarding my reentry to US on F1 visa (PhD) and apply H1-B without enrolling in a University.

Can anyone please advice?

Really appreciate your help!

Thanks,

Ajay

[pontevecchio]

In view of the complex nature of your situation you are best advised to have a Good Lawyer help you.

[rajMarch212011]

Came back to USA, luckily my OPT was still valid until I enroll in the University for PhD. So, my employer "A" applied my H1-B while I was working for XXX client which got approved for 1 year and later I got a new job as a consultant at client YYY and I have been working there since a year now.

I hope your employer also filed for a COS (change of status) when you changed from F1 to H1. If that has not been done than it can be a problem.

Rajat

[Ajay_K]

@pontevecchio and @rajMarch212011:Thank you for taking time to reply. Really appreciate it.

Regarding Change Of Status, My employer said that "From F1 to H1B as per my understanding , there is no additional change of status form to file. That needs to be done by USCIS and is part of the H1b application process. I think there is one if you change from H1b to F1."

Also, when I came back to US on F1(PhD), I contacted a attorney and my university admissions department (where I did my Master's) who said that I should be fine as my OPT is valid until I enroll for the PhD program and can apply for H1B. As my H1B got approved the first time and also my extension was approved recently I believe I am good with respect to my status.

Can any one suggest what could be a good answer if the VO asks me like "Why did you start working again when you came back to US on a PhD program" or similar questions.

I know it is different point of view for each individual, but I would like to know what members in this forum who have good knowledge and experience regarding H1B process would have answered.

Thank you,

Ajay