Approved H1 and College attendance, Expert advice please!
Nov 24th 2005, 5:30 pm
#1
Just Joined
Thread Starter
Joined: Nov 2005
Posts: 29
Approved H1 and College attendance, Expert advice please!
hi everyone,
my question is,
My F1 to H1 was approved in the middle of October. At that time i was and at present still i am going to my school (doing masters full-time) as i was in the middle of my semester when i got the h1 approval notice and i'd paid $ 6000 in fees which i could not abbandon. Now after i finish this semester i'll have to go back to my country in the end of December for some important family event. As i was enrolled in school full-time and could not join my job so i dont have paystubs at the moment. Now if i go for visa stamping, would this argument that i was in school so i could not join my employer at the start date so i dont have paystubs, has any weight ot legal value?
waiting for an expert advice.
regards
my question is,
My F1 to H1 was approved in the middle of October. At that time i was and at present still i am going to my school (doing masters full-time) as i was in the middle of my semester when i got the h1 approval notice and i'd paid $ 6000 in fees which i could not abbandon. Now after i finish this semester i'll have to go back to my country in the end of December for some important family event. As i was enrolled in school full-time and could not join my job so i dont have paystubs at the moment. Now if i go for visa stamping, would this argument that i was in school so i could not join my employer at the start date so i dont have paystubs, has any weight ot legal value?
waiting for an expert advice.
regards
Nov 24th 2005, 6:58 pm
#2
Guest
Posts: n/a
Re: Approved H1 and College attendance, Expert advice please!
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balladaku wrote:
>
> hi everyone,
> my question is,
> My F1 to H1 was approved in the middle of October.
What is the effective date of the H-1B?
> At that time i was
> and at present still i am going to my school (doing masters full-time)
> as i was in the middle of my semester when i got the h1 approval notice
> and i'd paid $ 6000 in fees which i could not abbandon. Now after i
> finish this semester i'll have to go back to my country in the end of
> December for some important family event. As i was enrolled in school
> full-time and could not join my job so i dont have paystubs at the
> moment.
That is not good. Once the H-1B is approved, you are expected to join the
employer within ten days. You would be permitted to continue studying, but
only if you are also working for the H-1B employer.
Fortunately, this problem can likely be cured easily by you leaving the
country and returning with an H-1B visa.
Bring a letter from the employer stating that they plan to hire you
effective January 1 (or whenever you plan on returning to the USA).
> Now if i go for visa stamping, would this argument that i was in
> school so i could not join my employer at the start date so i dont have
> paystubs, has any weight ot legal value?
No, it would only confirm that you violated your status. Fortunately, this
status violation is probably not too serious; you won't be banned from the
USA for it.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Hash: SHA1
balladaku wrote:
>
> hi everyone,
> my question is,
> My F1 to H1 was approved in the middle of October.
What is the effective date of the H-1B?
> At that time i was
> and at present still i am going to my school (doing masters full-time)
> as i was in the middle of my semester when i got the h1 approval notice
> and i'd paid $ 6000 in fees which i could not abbandon. Now after i
> finish this semester i'll have to go back to my country in the end of
> December for some important family event. As i was enrolled in school
> full-time and could not join my job so i dont have paystubs at the
> moment.
That is not good. Once the H-1B is approved, you are expected to join the
employer within ten days. You would be permitted to continue studying, but
only if you are also working for the H-1B employer.
Fortunately, this problem can likely be cured easily by you leaving the
country and returning with an H-1B visa.
Bring a letter from the employer stating that they plan to hire you
effective January 1 (or whenever you plan on returning to the USA).
> Now if i go for visa stamping, would this argument that i was in
> school so i could not join my employer at the start date so i dont have
> paystubs, has any weight ot legal value?
No, it would only confirm that you violated your status. Fortunately, this
status violation is probably not too serious; you won't be banned from the
USA for it.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Nov 24th 2005, 9:49 pm
#3
Just Joined
Thread Starter
Joined: Nov 2005
Posts: 29
Re: Approved H1 and College attendance, Expert advice please!
thanks for the reply. well the date on the approval notice is Oct 18.
and my appoinment for H1 visa interview is in mid January as my semester is going to end in the third week of December. And if worst goes worst and i dont get visa, would i be able to come back on my valid student visa and continue for my last semester?
regards
and my appoinment for H1 visa interview is in mid January as my semester is going to end in the third week of December. And if worst goes worst and i dont get visa, would i be able to come back on my valid student visa and continue for my last semester?
regards
Originally Posted by Kevin Keane
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Hash: SHA1
balladaku wrote:
>
> hi everyone,
> my question is,
> My F1 to H1 was approved in the middle of October.
What is the effective date of the H-1B?
> At that time i was
> and at present still i am going to my school (doing masters full-time)
> as i was in the middle of my semester when i got the h1 approval notice
> and i'd paid $ 6000 in fees which i could not abbandon. Now after i
> finish this semester i'll have to go back to my country in the end of
> December for some important family event. As i was enrolled in school
> full-time and could not join my job so i dont have paystubs at the
> moment.
That is not good. Once the H-1B is approved, you are expected to join the
employer within ten days. You would be permitted to continue studying, but
only if you are also working for the H-1B employer.
Fortunately, this problem can likely be cured easily by you leaving the
country and returning with an H-1B visa.
Bring a letter from the employer stating that they plan to hire you
effective January 1 (or whenever you plan on returning to the USA).
> Now if i go for visa stamping, would this argument that i was in
> school so i could not join my employer at the start date so i dont have
> paystubs, has any weight ot legal value?
No, it would only confirm that you violated your status. Fortunately, this
status violation is probably not too serious; you won't be banned from the
USA for it.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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=L5XR
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Hash: SHA1
balladaku wrote:
>
> hi everyone,
> my question is,
> My F1 to H1 was approved in the middle of October.
What is the effective date of the H-1B?
> At that time i was
> and at present still i am going to my school (doing masters full-time)
> as i was in the middle of my semester when i got the h1 approval notice
> and i'd paid $ 6000 in fees which i could not abbandon. Now after i
> finish this semester i'll have to go back to my country in the end of
> December for some important family event. As i was enrolled in school
> full-time and could not join my job so i dont have paystubs at the
> moment.
That is not good. Once the H-1B is approved, you are expected to join the
employer within ten days. You would be permitted to continue studying, but
only if you are also working for the H-1B employer.
Fortunately, this problem can likely be cured easily by you leaving the
country and returning with an H-1B visa.
Bring a letter from the employer stating that they plan to hire you
effective January 1 (or whenever you plan on returning to the USA).
> Now if i go for visa stamping, would this argument that i was in
> school so i could not join my employer at the start date so i dont have
> paystubs, has any weight ot legal value?
No, it would only confirm that you violated your status. Fortunately, this
status violation is probably not too serious; you won't be banned from the
USA for it.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Nov 25th 2005, 6:10 am
#4
Guest
Posts: n/a
Re: Approved H1 and College attendance, Expert advice please!
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balladaku wrote:
>
>> balladaku wrote:
>> >
>> > hi everyone,
>> > my question is,
>> > My F1 to H1 was approved in the middle of October.
>> What is the effective date of the H-1B?
>> > At that time i was
>> > and at present still i am going to my school (doing masters full-
>> > time)
>> > as i was in the middle of my semester when i got the h1 approval
>> > notice
>> > and i'd paid $ 6000 in fees which i could not abbandon. Now after i
>> > finish this semester i'll have to go back to my country in the end
>> > of
>> > December for some important family event. As i was enrolled in
>> > school
>> > full-time and could not join my job so i dont have paystubs at the
>> > moment.
>> That is not good. Once the H-1B is approved, you are expected to join
>> the
>> employer within ten days. You would be permitted to continue studying,
>> but
>> only if you are also working for the H-1B employer.
>> Fortunately, this problem can likely be cured easily by you leaving
>> the
>> country and returning with an H-1B visa.
>> Bring a letter from the employer stating that they plan to hire you
>> effective January 1 (or whenever you plan on returning to the USA).
>> > Now if i go for visa stamping, would this argument that i was in
>> > school so i could not join my employer at the start date so i dont
>> > have
>> > paystubs, has any weight ot legal value?
>> No, it would only confirm that you violated your status. Fortunately,
>> this
>> status violation is probably not too serious; you won't be banned from
>> the
>> USA for it.
>
> thanks for the reply. well the date on the approval notice is Oct 18.
That means that you have been violating your H-1B status for the last five
weeks or so by not working.
> and my appoinment for H1 visa interview is in mid January as my semester
> is going to end in the third week of December.
My recommendation would be for you to talk to the immigration attorney who
handled the H-1B submission. Do this immediately. It might be a good idea
to go to Canada or Mexico, and return to the USA with your student visa and
I-20. This would put you back into F-1 status and should straighten out
most of the issues. But only do it after you discuss it with the attorney.
> And if worst goes worst
> and i dont get visa, would i be able to come back on my valid student
> visa and continue for my last semester?
If the H-1B visa is denied because of this issue, I would be very surprised
if they didn't also cancel your F-1 visa. So in practical terms, you would
not be able to return to the US with any kind of visa.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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balladaku wrote:
>
>> balladaku wrote:
>> >
>> > hi everyone,
>> > my question is,
>> > My F1 to H1 was approved in the middle of October.
>> What is the effective date of the H-1B?
>> > At that time i was
>> > and at present still i am going to my school (doing masters full-
>> > time)
>> > as i was in the middle of my semester when i got the h1 approval
>> > notice
>> > and i'd paid $ 6000 in fees which i could not abbandon. Now after i
>> > finish this semester i'll have to go back to my country in the end
>> > of
>> > December for some important family event. As i was enrolled in
>> > school
>> > full-time and could not join my job so i dont have paystubs at the
>> > moment.
>> That is not good. Once the H-1B is approved, you are expected to join
>> the
>> employer within ten days. You would be permitted to continue studying,
>> but
>> only if you are also working for the H-1B employer.
>> Fortunately, this problem can likely be cured easily by you leaving
>> the
>> country and returning with an H-1B visa.
>> Bring a letter from the employer stating that they plan to hire you
>> effective January 1 (or whenever you plan on returning to the USA).
>> > Now if i go for visa stamping, would this argument that i was in
>> > school so i could not join my employer at the start date so i dont
>> > have
>> > paystubs, has any weight ot legal value?
>> No, it would only confirm that you violated your status. Fortunately,
>> this
>> status violation is probably not too serious; you won't be banned from
>> the
>> USA for it.
>
> thanks for the reply. well the date on the approval notice is Oct 18.
That means that you have been violating your H-1B status for the last five
weeks or so by not working.
> and my appoinment for H1 visa interview is in mid January as my semester
> is going to end in the third week of December.
My recommendation would be for you to talk to the immigration attorney who
handled the H-1B submission. Do this immediately. It might be a good idea
to go to Canada or Mexico, and return to the USA with your student visa and
I-20. This would put you back into F-1 status and should straighten out
most of the issues. But only do it after you discuss it with the attorney.
> And if worst goes worst
> and i dont get visa, would i be able to come back on my valid student
> visa and continue for my last semester?
If the H-1B visa is denied because of this issue, I would be very surprised
if they didn't also cancel your F-1 visa. So in practical terms, you would
not be able to return to the US with any kind of visa.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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