expired H1B and pending O1
Feb 27th 2006, 8:40 pm
#1
Guest
Posts: n/a
expired H1B and pending O1
My sixth year on H1B has just expired. An O1 petition has been filed 90
days ago but we have yet to hear from NSC about it. Since this is a
change of status and not an H1B extension, I have been told beforehand
by the immigration advisor that I should be taken off of university
payroll until the O1 is approved. However, although I did say that it
is for a O1, I was I-9ed based on the receipt notice for the I-129. The
receipt notice does not mention whether it is a petition for H1B
extension\transfer or for O1. I was told that a 240 day period applies.
Is this a problem? Will it be a potential problem for me later? Thanks
for any advice!
days ago but we have yet to hear from NSC about it. Since this is a
change of status and not an H1B extension, I have been told beforehand
by the immigration advisor that I should be taken off of university
payroll until the O1 is approved. However, although I did say that it
is for a O1, I was I-9ed based on the receipt notice for the I-129. The
receipt notice does not mention whether it is a petition for H1B
extension\transfer or for O1. I was told that a 240 day period applies.
Is this a problem? Will it be a potential problem for me later? Thanks
for any advice!
Feb 28th 2006, 7:19 pm
#2
Guest
Posts: n/a
Re: expired H1B and pending O1
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I agree that you cannot work until the O-1 is approved. The I-9 is
irrelevant for you; it might protect the employer in case of an audit
(although realistically the employer should have known that you aren't
authorized to work, and therefore shouldn't let you work).
DivCom05 wrote:
> My sixth year on H1B has just expired. An O1 petition has been filed 90
> days ago but we have yet to hear from NSC about it. Since this is a
> change of status and not an H1B extension, I have been told beforehand
> by the immigration advisor that I should be taken off of university
> payroll until the O1 is approved. However, although I did say that it
> is for a O1, I was I-9ed based on the receipt notice for the I-129. The
> receipt notice does not mention whether it is a petition for H1B
> extension\transfer or for O1. I was told that a 240 day period applies.
> Is this a problem? Will it be a potential problem for me later? Thanks
> for any advice!
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
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.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
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Hash: SHA1
I agree that you cannot work until the O-1 is approved. The I-9 is
irrelevant for you; it might protect the employer in case of an audit
(although realistically the employer should have known that you aren't
authorized to work, and therefore shouldn't let you work).
DivCom05 wrote:
> My sixth year on H1B has just expired. An O1 petition has been filed 90
> days ago but we have yet to hear from NSC about it. Since this is a
> change of status and not an H1B extension, I have been told beforehand
> by the immigration advisor that I should be taken off of university
> payroll until the O1 is approved. However, although I did say that it
> is for a O1, I was I-9ed based on the receipt notice for the I-129. The
> receipt notice does not mention whether it is a petition for H1B
> extension\transfer or for O1. I was told that a 240 day period applies.
> Is this a problem? Will it be a potential problem for me later? Thanks
> for any advice!
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
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.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Version: GnuPG v1.4.0 (MingW32)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
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