expired H1B and pending O1

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Old Feb 27th 2006, 9:17 pm
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DivCom05
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Default 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 grace period
applies.
Is this a problem? Thanks for any advice!
 

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