Change of status date (H1->F1)

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Old Jan 12th 2006, 5:40 pm
  #1  
Ac_visa
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Default Change of status date (H1->F1)

I recently applied for a change of status from H1 to
F1. My application got approved on Dec 23 2005 and my
I-94 card says that my F1 status starts on Dec 23
2005. However, I received my
I-94 card on Jan 10 2006 and was working with my H1
employer from Dec 23rd to Jan 10 2006. I was not aware
that my change of status to F1 had been approved and
hence I continued to work with my employer. As soon as
I got my I-94 card indicating my new F1 status, I quit
my job. My questions to you are:

1. Can USCIS penalize me for the time I worked while
on F1 status, i.e between Dec 23, 2005 and Jan 10
2006?

2. Should my company pay me for the time I worked
while on F1?

Thanks for any help!
 
Old Jan 13th 2006, 10:22 pm
  #2  
Kevin Keane
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Default Re: Change of status date (H1->F1)

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ac_visa wrote:

    > I recently applied for a change of status from H1 to
    > F1. My application got approved on Dec 23 2005 and my
    > I-94 card says that my F1 status starts on Dec 23
    > 2005. However, I received my
    > I-94 card on Jan 10 2006 and was working with my H1
    > employer from Dec 23rd to Jan 10 2006. I was not aware
    > that my change of status to F1 had been approved and
    > hence I continued to work with my employer. As soon as
    > I got my I-94 card indicating my new F1 status, I quit
    > my job. My questions to you are:
    >
    > 1. Can USCIS penalize me for the time I worked while
    > on F1 status, i.e between Dec 23, 2005 and Jan 10
    > 2006?

Not likely. In theory, they could, but it would probably get thrown out by a
judge if they tried to. Sometimes, they are actually reasonable ;-)

    > 2. Should my company pay me for the time I worked
    > while on F1?

Yes, absolutely.

- --
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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