Announcement

Collapse
No announcement yet.

H1b

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1b

    Hi,

    I have finished my masters in April 2013 but my masters does not fall under STEM so I got a OPT for 12 months and the start date is May 2013.

    I have applied for H1B and received RFE so I requested my college to give me CAP GAP I20 and its valid till Sep 30 2014. My employer replied for the RFE with all documents but still received second RFE in the month of August 2014 and my employer is trying to reply it by this week.

    But in 2 weeks i don't think my H1B result will be out as mine is a regular processing and cannot change that to premier processing now.

    Now questions are
    1) should I take admission in college and keep my I20 ready.
    2) All colleges start in the month of Sep last week so should start attending classes from sep last week even my H1B is in process or can I wait until my H1B result is out?
    Can i wait until my H1B result and then start attending classes?
    3) If my H1B is rejected, for how long I can be on status so that I can join a new college?
    4) say for suppose my H1B is result is out in the month of october 3rd week there are no colleges in which semester starts in the month of October. So in this case what is the best option for me?
    5) Or should I take admission for the Sep month and transfer my SEVIS to new college before my CAP GAP expires and then start attending college after my H1B result is out?
    Please suggest me which is the main option for me and also any other suggestions...
    Thanks in advance

  • #2
    Originally posted by Srinu Vas View Post
    Hi,

    I have finished my masters in April 2013 but my masters does not fall under STEM so I got a OPT for 12 months and the start date is May 2013.

    I have applied for H1B and received RFE so I requested my college to give me CAP GAP I20 and its valid till Sep 30 2014. My employer replied for the RFE with all documents but still received second RFE in the month of August 2014 and my employer is trying to reply it by this week.

    But in 2 weeks i don't think my H1B result will be out as mine is a regular processing and cannot change that to premier processing now.

    Now questions are
    1) should I take admission in college and keep my I20 ready.
    2) All colleges start in the month of Sep last week so should start attending classes from sep last week even my H1B is in process or can I wait until my H1B result is out?
    Can i wait until my H1B result and then start attending classes?
    3) If my H1B is rejected, for how long I can be on status so that I can join a new college?
    4) say for suppose my H1B is result is out in the month of october 3rd week there are no colleges in which semester starts in the month of October. So in this case what is the best option for me?
    5) Or should I take admission for the Sep month and transfer my SEVIS to new college before my CAP GAP expires and then start attending college after my H1B result is out?
    Please suggest me which is the main option for me and also any other suggestions...
    Thanks in advance
    First, you CAN change your petition to Premium Processing now. Your employer and your attorney can submit an upgrade to Premium Processing with the RFE response. Second, as long as your H-1B petition is pending, you are considered to have legal status; you just don’t have the ability to work. You don’t have to leave the country or try to register for classes just to remain in status. You are in status.
    If the H-1B is rejected, your 30-day grace period starts on the date of the denial. If you can be admitted to another degree program that has a start date within 30 days of the end of your grace period, you may be allowed to remain.
    If you elect not to do Premium Processing and don’t get a result until October or November, you still have 30 days of grace. After which you should leave the country.
    If you take admission now and start school in September, if your H-1B gets approved, your status will change to that of H-1B status, and you will not be permitted to attend school full-time.
    You should speak with the attorney who is processing your H-1B if you are confused about your status. If you can’t or don’t want to speak with that attorney, you may visit here to speak with an immigration attorney: http://consultattorney.visapro.com/

    Comment

    Working...
    X