tech

We applied for an H1 for worker but it got cut because of the cap. We
applied for October 1st start using premium processing and it has been
approved.

The prospective worker was under F1 status and at the time of application,
under OPT. When the application was returned because of the cap, the
candidate applied for a new I-20 at at different school (transfer approved
by previous graduate school) and has received it. But as we used premium
processing, we could not furnish that evidence before the approval.
Actually, the USCIS employer help line had said that there would be no
action before October 1, taking care to stress that, so we were caught off
guard by the quick approval. (good news-badnews)

But when the H1 application was approved, the USCIS said the the work would
start after the (then) expiration of the F1 status (date of end of OPT). So
they could not approve the change of status. The approval says the person
must go back to her home country for entry.

So I have the questions:

1) since the person has D/S in her passport and has an approved I-20 for
the fall term, will she be in status until October start of H1 approval?

2) would the person be able to apply for the visa in Canada without worry?
(the candidate has a masters degree from a US university. If so, does the
candidate have to do something about the notification sent to her home
country?

Thank you for any comment.

S B

[email protected] wrote:

    > 1) since the person has D/S in her passport and has an approved I-20 for
    > the fall term, will she be in status until October start of H1 approval?

Only if she's attending school.

    >
    > 2) would the person be able to apply for the visa in Canada without worry?
    > (the candidate has a masters degree from a US university. If so, does the
    > candidate have to do something about the notification sent to her home
    > country?

She must go to her home country for a new visa.

Ingo Pakleppa - see web site for email

On Mon, 26 Apr 2004 20:09:18 -0700, tec wrote:

    > We applied for an H1 for worker but it got cut because of the cap. We
    > applied for October 1st start using premium processing and it has been
    > approved.

That's bizarre. USCIS was supposed to suspend the premium processing
process, since right now it doesn't make sense. You might even be able to
successfully ask for your money back (although I wouldn't bother trying).

    > The prospective worker was under F1 status and at the time of
    > application, under OPT. When the application was returned because of the
    > cap, the candidate applied for a new I-20 at at different school
    > (transfer approved by previous graduate school) and has received it. But
    > as we used premium processing, we could not furnish that evidence before
    > the approval. Actually, the USCIS employer help line had said that there
    > would be no action before October 1, taking care to stress that, so we
    > were caught off guard by the quick approval. (good news-badnews)
    >
    > But when the H1 application was approved, the USCIS said the the work
    > would start after the (then) expiration of the F1 status (date of end of
    > OPT). So they could not approve the change of status. The approval says
    > the person must go back to her home country for entry.
    >
    > So I have the questions:
    >
    > 1) since the person has D/S in her passport and has an approved I-20 for
    > the fall term, will she be in status until October start of H1 approval?

Only if she actually studies. And at that point, she would still have to
leave the US and get an H-1B visa.

    > 2) would the person be able to apply for the visa in Canada without
    > worry? (the candidate has a masters degree from a US university. If so,
    > does the candidate have to do something about the notification sent to
    > her home country?

If she never violated her status, she can indeed go to Canada. But I
generally wouldn't recommend it.

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