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Doing a PhD and just found out my former employer didn't withdraw my approved H1B

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  • Doing a PhD and just found out my former employer didn't withdraw my approved H1B

    I graduated this January with a master and started working for a firm in late February, they applied H1B for me and it was approved. However I got a fabulous opportunity to do a PhD in April thus I left my former employer in late August, and I got my new I20 in the beginning of September. The new I20 has a part of Change of Statues thought, and it says i have an approved H1B. I plan to go back to my home country on December 20th so I went to International Student Office today for a travel signature, only to be told that my H1B is effective since Oct 1st. I went to USCIS for my H1B application case and it says "On November 9, 2015, we received your correspondence for Form I-129, Petition for a Nonimmigrant Worker", I assume this is the withdraw my former employer filed. (But seems to be too late) Meanwhile the school officer I talked to today can't make a conclusion of my situation and she said an school expert will meet me ASAP for my situation. Before I left the firm in August, school officer said that all I need to is get a new I20 then I'm fine and I'll go back to F1 automatically, and HR of my former employed said similar things that they'll take care of it. I've sent an email to my former HR but she won't reply it in a timely manner. However double-status makes me anxious and I have a few questions that I hope you would be so kind to help me with.

    1. What is my status now? No status? Does that mean the government will kick me out of US?
    2. My most recent F1 VISA expired in June too and the school officer said it doesn't matter and all I had to do is applying for a new one when I get back to my home country, thus I have scheduled an interview with US consulate at Beijing on December 22nd. Given my seemingly peculiar case, would it be difficult to apply for a new F1 VISA?
    3. How long does it usually take to withdraw a H1B petition? Can the firm withdraw it after it's effective? Will I be able to change my status back to F1 before my travel on December 20th? Or should I travel at all?
    4. What should/can I possibly do now?
    5. What is the worst case? (I hope I'm over reacting)
    Last edited by KenChen; 11-23-2015, 11:27 PM. Reason: additional information

  • #2
    1. What is my status now? No status? Does that mean the government will kick me out of US?
    >> You are out of status as your h1 was activated and you haven't been working since then.
    2. My most recent F1 VISA expired in June too and the school officer said it doesn't matter and all I had to do is applying for a new one when I get back to my home country, thus I have scheduled an interview with US consulate at Beijing on December 22nd. Given my seemingly peculiar case, would it be difficult to apply for a new F1 VISA?
    >> You shouldn't collect more out of status days. but given the scenario, I am not sure what exactly you can do than leaving the country and re-entering with a valid F1 visa.
    3. How long does it usually take to withdraw a H1B petition? Can the firm withdraw it after it's effective? Will I be able to change my status back to F1 before my travel on December 20th? Or should I travel at all?
    >> The company can withdraw an h1 at anytime. You cannot file a COS inside the US since you are out of status. Your best bet is to leave the US asap and come back with a valid F1.
    4. What should/can I possibly do now? 3
    5. What is the worst case? (I hope I'm over reacting)[/QUOTE]

    This is not a legal advice

    Originally posted by KenChen View Post
    I graduated this January with a master and started working for a firm in late February, they applied H1B for me and it was approved. However I got a fabulous opportunity to do a PhD in April thus I left my former employer in late August, and I got my new I20 in the beginning of September. The new I20 has a part of Change of Statues thought, and it says i have an approved H1B. I plan to go back to my home country on December 20th so I went to International Student Office today for a travel signature, only to be told that my H1B is effective since Oct 1st. I went to USCIS for my H1B application case and it says "On November 9, 2015, we received your correspondence for Form I-129, Petition for a Nonimmigrant Worker", I assume this is the withdraw my former employer filed. (But seems to be too late) Meanwhile the school officer I talked to today can't make a conclusion of my situation and she said an school expert will meet me ASAP for my situation. Before I left the firm in August, school officer said that all I need to is get a new I20 then I'm fine and I'll go back to F1 automatically, and HR of my former employed said similar things that they'll take care of it. I've sent an email to my former HR but she won't reply it in a timely manner. However double-status makes me anxious and I have a few questions that I hope you would be so kind to help me with.

    1. What is my status now? No status? Does that mean the government will kick me out of US?
    2. My most recent F1 VISA expired in June too and the school officer said it doesn't matter and all I had to do is applying for a new one when I get back to my home country, thus I have scheduled an interview with US consulate at Beijing on December 22nd. Given my seemingly peculiar case, would it be difficult to apply for a new F1 VISA?
    3. How long does it usually take to withdraw a H1B petition? Can the firm withdraw it after it's effective? Will I be able to change my status back to F1 before my travel on December 20th? Or should I travel at all?
    4. What should/can I possibly do now?
    5. What is the worst case? (I hope I'm over reacting)

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