H1B - F1 - H1B

[Suraj.Kumar82]

Hello Everyone,

I am trying to get back into H1B status and looking for possible suggestions in my particular case. 

 

Here is my situation:

 

Last year in 2013 I was in student status and was working for a company on CPT, my employer had filed my H1B premium and had an RFE in may 2013 saying detailed client letter is needed. So myself and my employer was trying to get that thing done by contacting client managers and middle vendors. 

 

So things were going on to get a detailed client letter and meanwhile I got really sick, I was hospitalized and the doctors report said respiratory lung infection. I took off in the office and also could not attend the classes. As a result my F1 status was terminated in June 2013 according to the university rules. When i spoke to the DSO regarding my health condition, they helped me in filing a reinstatement of my F1 in June 2013. Now I was waiting for the reinstatement approval. Meanwhile my employer has got the detailed client letter through the vendor and filed the RFE response. 

 

I was waiting for the F1 Reinstatement approval but to my surprise my H1B was approved for 3 years with change of status and starting date Oct 1 2013.

 

Now it became utmost important for me to get the F1 reinstatement approval before OCT 1st so that I can start H1B. But it dint happen and I got my F1 reinstatement approval notice in NOV 2013.

 

So my employer told me that since my status was terminated and was waiting for reinstatement my status would not automatically change to H1B and he said since F1 reinstatement was the latest approval from USCIS I am in F1 status, but he said he can file a change of status from F1 to H1B. (Got H1B approval in Aug 2013 and F1 reinstatement approval in Nov 2013) I hope you guys understood what I am trying to explain, Please excuse me if I am confusing you.

 

So now my question is 

1) Can my employer file for change of status, and get my status back to H1B?

2) Can any other employer file for change of status for me?

3) Can I actually file for change of status or do i need to apply for H1B once again?

 

Any suggestion is appreciated so please comment if you have any information. I am just trying to get back into H1B status. Thank you for your time. - Suraj Kumar

[jairichi]

Hello Everyone,

I am trying to get back into H1B status and looking for possible suggestions in my particular case. 

 

Here is my situation:

 

Last year in 2013 I was in student status and was working for a company on CPT, my employer had filed my H1B premium and had an RFE in may 2013 saying detailed client letter is needed. So myself and my employer was trying to get that thing done by contacting client managers and middle vendors. 

 

So things were going on to get a detailed client letter and meanwhile I got really sick, I was hospitalized and the doctors report said respiratory lung infection. I took off in the office and also could not attend the classes. As a result my F1 status was terminated in June 2013 according to the university rules. When i spoke to the DSO regarding my health condition, they helped me in filing a reinstatement of my F1 in June 2013. Now I was waiting for the reinstatement approval. Meanwhile my employer has got the detailed client letter through the vendor and filed the RFE response. 

 

I was waiting for the F1 Reinstatement approval but to my surprise my H1B was approved for 3 years with change of status and starting date Oct 1 2013.

 

Now it became utmost important for me to get the F1 reinstatement approval before OCT 1st so that I can start H1B. But it dint happen and I got my F1 reinstatement approval notice in NOV 2013.

 

So my employer told me that since my status was terminated and was waiting for reinstatement my status would not automatically change to H1B and he said since F1 reinstatement was the latest approval from USCIS I am in F1 status, but he said he can file a change of status from F1 to H1B. (Got H1B approval in Aug 2013 and F1 reinstatement approval in Nov 2013) I hope you guys understood what I am trying to explain, Please excuse me if I am confusing you.

 

So now my question is 

1) Can my employer file for change of status, and get my status back to H1B?

2) Can any other employer file for change of status for me?

3) Can I actually file for change of status or do i need to apply for H1B once again?

 

Any suggestion is appreciated so please comment if you have any information. I am just trying to get back into H1B status. Thank you for your time. - Suraj Kumar

Are you still maintaining F1 status in US by attending classes? If yes then,

1. Yes.

2. Yes.

3. You cannot and only an employer can. COS is basically a cap exempt H1B petition.

Alternate option is for you to exit and enter US with a valid H1B visa and I797.

[JoeF]

Why do people still try to abuse the rules with working on CPT?

That will cause you lots of problems down the road.

[Suraj.Kumar82]

Thank you jairichi and JoeF for your suggestions. I appreciate your help. Thank you so much...............