Jeffrey Lee

I joined my company Sep, 2000 after my Pratical Training had been approved. It should
be valid for a whole year. My company wanted me to apply for the H1-B around Nov 2000
and it got approved around March 2001.

Do you know if the H1-B status will take effect immedicately so that I need to pay
the Medicare and Social Security Tax now? Can I tell my company not to deduct those
taxes before Sep 2001(or Aug 2001)? In addition, if I want to change job, do you know
if I can use the EAD of Practical Training?

Thanks Jeffrey

Sylvia Ottemoeller

Jeffrey Lee wrote:

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If the H-1B petition requested a change of status from F-1 to H-1B, then your change
of status was effective on the date of approval of the H-1B petition. You can tell by
the fact that the I-797 approval notice (employer's copy) has an I-94 at the bottom.
If so, you began your H-1B status on that day. There is no way to reverse this.

If the H-1B petition did not request a change of status (this is unlikely), then you
would have to leave the U.S., get an H-1B vise stamp, and re-enter the U.S. to
actually obtain H-1B status. You can tell by the wording on the I-797 approval notice
regarding obtaining the visa at the consular post, and by the absence of an I-94 on
the employer's copy.

Can I tell my
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No, if the change of status took place.

Yes, if the change of status did not take place.

In
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No, if the change of status took place. Your F-1 OPT status is gone forever in
that case.

Yes, if you are still in F-1 status, and the H-1B petition did not request a change
of status.