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  • Change of status from F1 to h1

    Hi,

    I am currently on F1. My employer applied for my H1 and got approved but now few confusion. Actually My employer applied my h1 on 1st April. I went to India on f1 after applying for h1 (I 797-A)on 11th April. I got h1 approved(with I -94 attached to it) while I was in India but effective start date is 1st October. I came back to USA on 9th may on my I-20. Now my confusion is that Do I have to leave USA before October and get it stamped to start work on H1? or My status will be automatically changed and I don't have to leave USA before October?

    Please Advise. It's urgent...

    Thanks

  • #2
    Originally posted by himanshukalva View Post
    Hi,

    I am currently on F1. My employer applied for my H1 and got approved but now few confusion. Actually My employer applied my h1 on 1st April. I went to India on f1 after applying for h1 (I 797-A)on 11th April. I got h1 approved(with I -94 attached to it) while I was in India but effective start date is 1st October. I came back to USA on 9th may on my I-20. Now my confusion is that Do I have to leave USA before October and get it stamped to start work on H1? or My status will be automatically changed and I don't have to leave USA before October?

    Please Advise. It's urgent...

    Thanks
    As you travelled before Status effective date you should be good. Your status should automatically change to H1 from 01-Oct-2013.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      As you travelled before Status effective date you should be good. Your status should automatically change to H1 from 01-Oct-2013.

      This is my opinion not legal advice.

      Thanks Raghvi. So what is COS violation . everybody is telling that I violated COS so I have to go for stamping. does this COS violation not applies to me?

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      • #4
        It is a matter of confusion because of the last action rule.
        When does your OPT expire?
        This is my opinion and not legal advice.

        Comment

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