Applying for H1B but don't have an I-20 with employer name

[freedom1]

1.I applied for OPT which was approved from 9/8/11 to 9/7/12.

2.I joined Company A in South East on 10/3/2011.

3.I applied for OPT extension in July 1st week.

4.I decided to leave Company A on 7/10/11.

5.I got a job offer at Company B and joined them 7/30/11.

6.I received an RFE in July-August 2011 asking only for degree certificate.

7.I attached employment letter from company B along with degree certificate and send them to USCIS.I didn't realize that I needed to get an updated I-20 from ISO for Company B and had moved to West Coast to start employment at Company B.

8.I received OPT STEM extension card around September-October valid from 9/8/2012 - 2/7/2014.

9.In the meantime,SEVIS had moved my account to H1 status since July/August 2012 as Company A had filed for my H1 through consular processing in April 2011 which got approved tbut I did not activate it.So with ISO help I had that corrected and requested for an updated I-20 with my employer at that time Company C in early April 2013.

10.Then I got another I-20 from you with my current employer Company D on 5/21/2013.

11.My manager has initiated my H1B process at Company D so while collecting the documentation,the lawyer has said the below.

 

I understand the process for working in F-1/OPT status when on the STEM extension. An I-20 has to be authorized by the university (not USCIS) for employment with a particular employer. If she doesn’t have an I-20 that was endorsed by the university to show we was authorized to work for Company B,then she does not have documentation that is needed for the H-1B petition. We can still file the H-1B petition but the USCIS may deem that she has not maintained lawful status and if they do, the change of status from F-1 to H-1B could be denied and she’d have to leave the US to obtain an H-1B visa before she could begin working in H-1B status.

 

So I checked with ISO and this is what she said:

 

I can not back-date an I-20, but I can and should put the name and address of your previous employers into SEVIS. I can print a record of each of the employers, even past employers, but it will be a SEVIS record, not an I-20.

 

So this is what the lawyer said:

 

If that is what we can get, we should use it.

 

Is there a chance that my H1B might get rejected or am I in the clear?

 

[t75]

No one can predict with certainty whether your H1B will be approved even if yo had followed the rules (which you did not).