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Hello,
I was searching endlessly for an answer to my question but could not find it, so here I am.
I am in a very complicated situation and would like to know if anyone could help me figure this out. Thank you in advance.
Okay...so until today, I was under OPT and had received an I-20/EAD from institution A in mid-May 2015.
The company that I am currently with has agreed to file a H-1B petition and the forms are all ready to be submitted.
My EAD card/OPT, however, expires in mid-May so I was afraid I would go out of status if I happen to not get chosen in the "lottery."
So, I applied for another I-20 at institution B just to be safe and to stay in status as a F-1 student in case my case was not chosen to be reviewed/approved. My lawyer had told me I should have the most recent information once I submit the papers, meaning I should not apply for the "backup" I-20 around the OPT expire date. Why? Because then I would have submitted the wrong information (on the papers, I would be under OPT, but right then I would have received a new I-20 with the expire of OPT).
Little did I know that the OPT gets canceled once the record transfers from institution A to institution B with the issuing of the new I-20.
So here are some questions I have.
1. The new I-20 I received says "Program start date: 13 June 2016," so I am hoping the I-20 is effective starting at that date. Is my OPT still considered "active?"
2. If #1 is a no. Will I still be eligible for the H-1B petition even though I have lost my OPT privileges after the transfer to institution B?
3. Will I still be able to work until mid-May because my EAD card expires mid-May? I am bit confused because my company would be filing for my work visa, but I would not be allowed to work with expire of the OPT...? It sounds contradictory.
Answers to any of these questions will be greatly appreciated.
Thank you again.
-Eric
I was searching endlessly for an answer to my question but could not find it, so here I am.
I am in a very complicated situation and would like to know if anyone could help me figure this out. Thank you in advance.
Okay...so until today, I was under OPT and had received an I-20/EAD from institution A in mid-May 2015.
The company that I am currently with has agreed to file a H-1B petition and the forms are all ready to be submitted.
My EAD card/OPT, however, expires in mid-May so I was afraid I would go out of status if I happen to not get chosen in the "lottery."
So, I applied for another I-20 at institution B just to be safe and to stay in status as a F-1 student in case my case was not chosen to be reviewed/approved. My lawyer had told me I should have the most recent information once I submit the papers, meaning I should not apply for the "backup" I-20 around the OPT expire date. Why? Because then I would have submitted the wrong information (on the papers, I would be under OPT, but right then I would have received a new I-20 with the expire of OPT).
Little did I know that the OPT gets canceled once the record transfers from institution A to institution B with the issuing of the new I-20.
So here are some questions I have.
1. The new I-20 I received says "Program start date: 13 June 2016," so I am hoping the I-20 is effective starting at that date. Is my OPT still considered "active?"
2. If #1 is a no. Will I still be eligible for the H-1B petition even though I have lost my OPT privileges after the transfer to institution B?
3. Will I still be able to work until mid-May because my EAD card expires mid-May? I am bit confused because my company would be filing for my work visa, but I would not be allowed to work with expire of the OPT...? It sounds contradictory.
Answers to any of these questions will be greatly appreciated.
Thank you again.
-Eric
