Return to US on F1 with H1B approved

[Gator11]

Hi,

I have F1 visa until Nov 2014 and my OPT expires in Jan '14. 
My previous employer has applied for my H1B in Apr '13 and it got approved. I left the job and went to India due to family emergency in Sept '13. 
I am planning to come to US through another employer this month. My new employer says I can return on F1 as I left the US before October 1st and they can apply for H1B Transfer.

Can I come to US on F1 visa without H1B stamping ? 

 

Thank you.

 

 

 

 

 

[jairichi]

Hi,

I have F1 visa until Nov 2014 and my OPT expires in Jan '14. 

My previous employer has applied for my H1B in Apr '13 and it got approved. I left the job and went to India due to family emergency in Sept '13. 

I am planning to come to US through another employer this month. My new employer says I can return on F1 as I left the US before October 1st and they can apply for H1B Transfer.

Can I come to US on F1 visa without H1B stamping ? 

 

Thank you.

I doubt whether you can come back on F1 visa. Because if your H1B is approved as COS then by 1st Oct 2013 your I20 and SEVIS records would be inactivated. Wait for other members opinion.

[maverickp]

If you didn't start working on H-1, i.e. filled out the I-9 form within 72 hours of Oct. 1st, 2013 or the actual start date of working for your H-1 petitioner, then your H-1B never really kicked in. But, I don't know what happens to your previous F-1 in such a case; does it stay as it is because you never changed your status to H-1B, or since USCIS approved the CoS, your status changed in the USCIS system (meaning your SEVIS record was terminated) even though you never really started working on H-1B status. If the former is true, then you can come back to the US on F-1 status, but if the latter is true, then you cannot, and you will only be able to enter the US after you get an H-1B visa stamped. Wait for more replies.

[pontevecchio]

If you try to return on the F1 visa you will be sent back from the Airport.

[maverickp]

@pontevecchio: So if your employer's H-1B petition for you is approved and the 1st of Oct is crossed, even if you don't actually start working for the employer, your SEVIS record still gets terminated?

[Gator11]

Thank you for the responses.

I did not fill the I-9 form within 72 hours of Oct. 1st, 2013. How do I know my H1b is approved with COS? I received my I-797A with the old i-94 number. 

I will ask my School official if my SEVIS is active. I dont know if I am right, as I left the job in September '13, my old employer should revoke my H-1B and it will turn my SEVIS active. Please correct me. I have asked my School for new I-20 with the new employer, but I didn't get it yet.d

[jairichi]

Thank you for the responses.

I did not fill the I-9 form within 72 hours of Oct. 1st, 2013. How do I know my H1b is approved with COS? I received my I-797A with the old i-94 number. 

I will ask my School official if my SEVIS is active. I dont know if I am right, as I left the job in September '13, my old employer should revoke my H-1B and it will turn my SEVIS active. Please correct me. I have asked my School for new I-20 with the new employer, but I didn't get it yet.d

If you have old I94 number then H1B is approved a COS.

[maverickp]

From what I know, just having your H-1B status revoked doesn't automatically mean your SEVIS is reactivared - it just means that your CoS is revoked. You need to contact your school DSO and have that done manually. I know of a similar case where the person in question didn't inform the school and the school assumed his H-1B was all kosher, and he later found out that he was in fact out of status for a short period.

[t75]

Find a new employer; his advice is not in your best interest. He just needs to file a new petition; you can enter with H1B stamping and the new approval notice.

[Gator11]

Thanks again . I will find an employer who can file a new petition.

[Gator11]

My school DSO says that my SEVIS is Completed. Can school update my employment history as my SEVIS is Completed ?

 

Does the unemployment after my resignation in Sept '13 count towards OPT unemployment period rule and will this cause problem when my new employer files H-1B petition ?

[jairichi]

 

My school DSO says that my SEVIS is Completed. Can school update my employment history as my SEVIS is Completed ?

 

Does the unemployment after my resignation in Sept '13 count towards OPT unemployment period rule and will this cause problem when my new employer files H-1B petition ?

 

You are allowed to be unemployed for 90 days on OPT.

[Gator11]

I was unemployed for 40 days before I got my first job and it's been 2 months now that  I resigned to my first job on Sept 24.

Will the days after Sept 24 count towards the OPT unemployment period as I my SEVIS is Completed from Oct 1st.