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Happy98

H1B Approved. Left company before effective date. Confusion over my current visa status. Please help

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Hi,

While I was on OPT F1, I got my H1B approved on May 1st, 2014. I left
the company which filed my H1B, before Oct 1st, 2014, the effective date.
Now being in US, I am unsure of my visa status as I am not sure whether that H1B
has been revoked or not and also when was it revoked if at all it was.

As per the instructions mentioned at www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations,

it all depends on whether the company withdrew H1B before the effective
date or not. One question - These instructions at USCIS website seem to
apply to those under cap-gap which means one's OPT F1 expired before
his/her H1B effective date. So, if that's the case, none of these instructions
apply to me as my OPT F1's end date is somewhere in 2015. Any thoughts
on this?

Can anyone help me in figuring out my visa status? Is there any way to
know one's H1B to be valid or not, or one's OPT F1 to be valid or not?
By the way, my OPT F1 is mentioned to end on Feb 2015.

Please let me know if I need to provide any other information so that
I can be assisted in this regard. Also, if I need to contact a immigration
attorney, please suggest the best and who can advise me in the fastest
possible manner.

Any help in this regard is immensely helpful as I am wondering when
to leave US if at all I have to depending upon whether I am on H1B
or not.

Thanks.

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I was in the exact same situation with you, the company I worked for issued me H1B even though I told them I want to use my OPT and don't want H1B. Afterwards I quit and asked them to revoke H1B although the petition was approved, so I was still an F1 student. You can check your I94 online to make sure I guess.

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Sounds like you are still working on your OPT.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Cool_Immigrant: Thanks for your input. My I-94 latest shows my latest entry to US on OPT F1 back in

April 2014. It has nothing of H1B etc. I'm not sure if I-94 gets updated for a change of status. I thought

it's only for country border entry/exit information. What do you think about this?

Boiler: Thanks for your input. Hope so!! But, I am not sure. As my next employer needs to know exactly what visa I am on

which depends on whether my previous employer withdrew H1B before the effective date as per

this webpage - http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations.

However, I still feel that the whole information in this web page is applicable only to those who are

under cap-gap wherein there is an approved but not yet effective H1B and his/her OPT F1 has

expired. I still have my OPT F1 which ends in Feb 2015 so I don't think I am on H1B cap-gap.

What do you think about this?

Cheers.

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Cool_Immigrant: Thanks for your input. My I-94 latest shows my latest entry to US on OPT F1 back in

April 2014. It has nothing of H1B etc. I'm not sure if I-94 gets updated for a change of status. I thought

it's only for country border entry/exit information. What do you think about this?

Okay, here is the best way to make sure about your status. Did you receive a copy of I-797C which includes a tracking number for your(company's) H1B petition before you left the company? If so:

1) Go here: https://egov.uscis.gov/casestatus/landing.do

2) Enter the tracking number

3) It will show you the status of the petition. If it states that it has been withdrew then you have nothing to worry about.

If you don't have a copy of I-797C, call the company and ask for it or the tracking number.

Let me know if you have any other questions

Edited by Cool_Immigrant

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Okay, here is the best way to make sure about your status. Did you receive a copy of I-797C which includes a tracking number for your(company's) H1B petition before you left the company? If so:

1) Go here: https://egov.uscis.gov/casestatus/landing.do

2) Enter the tracking number

3) It will show you the status of the petition. If it states that it has been withdrew then you have nothing to worry about.

If you don't have a copy of I-797C, call the company and ask for it or the tracking number.

Let me know if you have any other questions

Thanks for the input. Yes, I have the number and I have checked already. It shows that

it was approved on May 2014 and decision was e-mailed but nothing about withdrawal.

However, I have read in this page - http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

that even though the H1B has not been revoked by USCIS and the case status at https://egov.uscis.gov/casestatus/landing.do

doesn't show that my H1B has been revoked, a revoke request from the employer is sufficient to avoid a change of status

from OPT F1 to H1B. Now, this is what I am trying to figure out - whether my employer has withdrawn the H1B petition

or not in the first place. All that they are saying is my H1B is not valid as I am no longer with them and whether they

withdraw or not, that's immaterial to my H1B sponsored by them. How else do I explain them that it's not so?!

By the way, I read somewhere that USCIS doesn't update the case status immediately when the H1B

has been withdrawn. So, I am not sure whether the case status at https://egov.uscis.gov/casestatus/landing.do

is showing the latest information. It doesn't even say my H1B is active or not. All it says is it was approved

on May 2014 and decision was e-mailed.

Best.

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Thanks for the input. Yes, I have the number and I have checked already. It shows that

it was approved on May 2014 and decision was e-mailed but nothing about withdrawal.

However, I have read in this page - http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

that even though the H1B has not been revoked by USCIS and the case status at https://egov.uscis.gov/casestatus/landing.do

doesn't show that my H1B has been revoked, a revoke request from the employer is sufficient to avoid a change of status

from OPT F1 to H1B. Now, this is what I am trying to figure out - whether my employer has withdrawn the H1B petition

or not in the first place. All that they are saying is my H1B is not valid as I am no longer with them and whether they

withdraw or not, that's immaterial to my H1B sponsored by them. How else do I explain them that it's not so?!

By the way, I read somewhere that USCIS doesn't update the case status immediately when the H1B

has been withdrawn. So, I am not sure whether the case status at https://egov.uscis.gov/casestatus/landing.do

is showing the latest information. It doesn't even say my H1B is active or not. All it says is it was approved

on May 2014 and decision was e-mailed.

Best.

In my case it shows the withdrawal. I would check with the company, maybe you can ask when exactly they revoked it & a written proof/e-mail showing that they revoked it already so that eases your mind. My company called me and asked for my approval to cancel the petition, so obtaining that sort of proof for your records would be good just to be safe in my opinion. ( P.S: I am a worrier, perhaps you don't even need that)

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In my case it shows the withdrawal. I would check with the company, maybe you can ask when exactly they revoked it & a written proof/e-mail showing that they revoked it already so that eases your mind. My company called me and asked for my approval to cancel the petition, so obtaining that sort of proof for your records would be good just to be safe in my opinion. ( P.S: I am a worrier, perhaps you don't even need that)

Thanks for the input.

Okay. Does the withdrawn status in your case immediately showed up as soon as your employer

revoked it right after you said yes for a revoke? The reason I am asking is to know approximate

time between a revoke request from employer and the actual revoke from USCIS to happen.

Honestly, I am trying each and every way to know whether my employer has withdrawn my

H1B or not. They are not telling anything useful. I'm going to ask them again on Monday

hoping to find the exact information I want. Yes, at least an e-mail from them saying that

a revoke request has been raised should be good enough. No, I am equally worrisome

person and thus these lot of questions!

All I want to hear is I am on OPT F1 somehow!

Hoping for the best.

Thanks.

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Thanks for the input.

Okay. Does the withdrawn status in your case immediately showed up as soon as your employer

revoked it right after you said yes for a revoke? The reason I am asking is to know approximate

time between a revoke request from employer and the actual revoke from USCIS to happen.

Honestly, I am trying each and every way to know whether my employer has withdrawn my

H1B or not. They are not telling anything useful. I'm going to ask them again on Monday

hoping to find the exact information I want. Yes, at least an e-mail from them saying that

a revoke request has been raised should be good enough. No, I am equally worrisome

person and thus these lot of questions!

All I want to hear is I am on OPT F1 somehow!

Hoping for the best.

Thanks.

I don't remember the exact time frame which they changed the status, but they probably revoked it since they pay for sponsorship and you are not working with them anymore. You can try e-mailing them so you have a written proof just in case.

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I don't remember the exact time frame which they changed the status, but they probably revoked it since they pay for sponsorship and you are not working with them anymore. You can try e-mailing them so you have a written proof just in case.

Okay. Sure. I'll ask them. They are simply saying the same thing over and over that my H1B isn't valid as it never got activated on Oct 1st, 2014 since I was no longer with them then. I shall determine what exactly do they mean by that with respect to withdrawal of H1B tomorrow anyhow.

Thanks.

Edited by Happy98

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