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  • F1 to H1B

    Hi,
    My consultancy company applied for my H1B while I was on CPT at a client place and the I-129 petition was approved earlier this October. I graduated in August 2014 with masters in computer egg. and I have never worked on OPT. I did apply for OPT as backup and it is still in initial review after 2 months as of today.

    I went to the local DMV office and got to know that my SEVIS is inactive, H1B is approved till 2017 and I will not get my driving license.

    My questions are:
    1) SEVIS inactive means that my change of status(from F1 to H1B) is in progress or is that an anomaly and I have to consult my DSO ?
    2) Since I left my client before graduation, so now my employers told me to wait for OPT card to come before they can start marketing my profile as we do not have any valid work authorization permit. They also do have to file for amendment in my H1B(client change), so they can't use H1B as proof of work authorization(as told to me) for marketing.
    Is this the right plan of action taken by my consultancy company to proceed further ?
    3) Since the H1B is approved, will I ever get the OPT card ?

    If anybody knows a different approach to get out of this situation, I will be very thankful.

  • #2
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    • #3
      Do I have to keep waiting for my OPT card to arrive before we show any form of work authorization ?

      Comment


      • #4
        Your message was posted as anonymous on Facebook wall- (Oct 31st)

        Comment


        • #5
          Originally posted by zuluklusener View Post
          Hi,
          My consultancy company applied for my H1B while I was on CPT at a client place and the I-129 petition was approved earlier this October. I graduated in August 2014 with masters in computer egg. and I have never worked on OPT. I did apply for OPT as backup and it is still in initial review after 2 months as of today.

          I went to the local DMV office and got to know that my SEVIS is inactive, H1B is approved till 2017 and I will not get my driving license.

          My questions are:
          1) SEVIS inactive means that my change of status(from F1 to H1B) is in progress or is that an anomaly and I have to consult my DSO ?
          2) Since I left my client before graduation, so now my employers told me to wait for OPT card to come before they can start marketing my profile as we do not have any valid work authorization permit. They also do have to file for amendment in my H1B(client change), so they can't use H1B as proof of work authorization(as told to me) for marketing.
          Is this the right plan of action taken by my consultancy company to proceed further ?
          3) Since the H1B is approved, will I ever get the OPT card ?

          If anybody knows a different approach to get out of this situation, I will be very thankful.
          Presumably, if your H-1B has been filed as a “Change of Status”, you are now in H-1B status as of October 1 or when the H-1B has been approved. You can no longer use the OPT even if it is approved. That is why the SEVIS record has been inactivated.
          When the DMV can’t verify your status, it’s usually an issue with SAVE (Systematic Alien Verification for Entitlements). It’s the program the DMV’s use to check your status. You need to get your record corrected before the DMV can issue the license. You can go here to do that: http://www.uscis.gov/save. Click on “How to Correct your Records” on the right hand side.
          If the H-1B has been filed as consular (it has no I-94 on the bottom but just information about the Consulate), then you are still in F-1 status and you need to see your DSO about your SEVIS being inactive.

          Comment


          • #6
            1. If your employer received I-797 A then your change of status is succesful and if it is I-797 B then its not done yet
            2. They can continue marketing you and once you get a new job then they have to file an amendment with the new client info
            3. Even if you get that it wont be valid anymore

            Comment


            • #7
              if your h1B approved under I-797A no need to worry you can market your resume, if not you need to go for stamping !

              Comment

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