OPT/H1-B CoS issue (txh1b, DMX and others..)

[vkautilya]

It looks like you want to hear what you think is right. Txh1b is 100% correct. If you still don’t believe this thing, you can do what I did when I was in the similar situation and wanted to travel aborad. Go to nearest international airport and contact home land and security department about your case. They clearly told me that once H-1b approved (regardless before or after your OPT is approved) you will be on H-1b status from Oct 1st. Also keep in mind that It is not at all advisable to travel when your are on OPT and H-1B approved as you might not be able to re-enter in the USA before sept 20th.

It is not that I want to hear what I think. On the contrary, I want my H1-B to be effective from OCT 1 no matter what. I just do not want the OPT approval which will happen most likely afterwards H1-B approval not screw up H1-B approval.

Going to the international airport and checking with them is a nice idea. I will do that after I get all my approvals.

[vkautilya]

Why? Because that is not how the law is written or how the rules were made. I don't make the law. Ask USCIS or better yet, pay an attorney and talk to them.

Read last action as effective date of last action. Once F1 student status is lost after graduation, that cannot be regained. Moreover, OPT is given for only the level of education once. If you want another OPT, you need to get another higher level degree.

You could ask a 1000 people or visit 100 forums, this is not going to change unless the law is changed.

I am done here.

txh1b, I am not trying to quibble here. I have spent six years here earning my Masters and a Doctorate. I do know how the laws are made and how rule-making works based on those laws. But many of these laws and rules are subject to interpretation, often times not obvious, depending on the situation. My post here is about interpretation of last action rule.

Also, I am not trying to change the law here or hoping I would hear different answers from different people. In fact, I would like consistent information. I am consulting with as many people as I can, including the lawyers and different forums. So, I just appreciate if people just stick to the topic and answer to best of their knowledge without making any extrapolations on what I want or what I think.

Thanks for your replies so far. If you have nothing to add to the topic, and you are done, please stay done.

[txh1b]

txh1b, I am not trying to quibble here. I have spent six years here earning my Masters and a Doctorate. I do know how the laws are made and how rule-making works based on those laws. But many of these laws and rules are subject to interpretation, often times not obvious, depending on the situation. My post here is about interpretation of last action rule.

Also, I am not trying to change the law here or hoping I would hear different answers from different people. In fact, I would like consistent information. I am consulting with as many people as I can, including the lawyers and different forums. So, I just appreciate if people just stick to the topic and answer to best of their knowledge without making any extrapolations on what I want or what I think.

Thanks for your replies so far. If you have nothing to add to the topic, and you are done, please stay done.

Now, you've got it started all over again. It is you that is trying to extrapolate the simple last action rule and making it complex.

Why is it so difficult to understand the simple fact that the last action is determined by the effective date of the action but not based on the date of approval?

You might have earned a MS and PhD but what is the point of that here? May be that has made you question every single thing. This is not an area of research. Don't make it complicated.

Skeptical people go about asking the same thing from friends, less knowledgeable people, forums and are bound to get different answers and land in a highly confused state. It is time you start trusting, if you can afford to. If not, your approach of asking a lawyer is the best, as forums can be confusing.

If the last action rule has been such a challenge for you, who has a MS and a PhD, the rest of the immigration rules and law is definitely a quagmire for the less priviliged people with basic education. But, fortunately, it is not. Many people successfully complete the entire documentation for immigration with assistance from sites like immihelp.

There is no room for interpretation, atleast in this aspect of the last action rule. I am glad you are not dealing with the interpretation of the Efren Hernandez memo which is related to similar cases with a third dimension of complexity involving travel and re-entry before Oct 1st.

BTW, I was done with contributing to the topic, I am ready for rebuttals. Lastly, thanks for being thankful for the help rendered so far!

[DMX17]

Is this thread still alive?

[DMX17]

The questions definitely got answerd when Txh1b replied:

OPT will only be valid until H1b gets approved. If H1b was approved earlier, OPT will be approved only until Oct 1st and even if approved for longer is invalid.

Last action rule applies and H1b is last action (Read it as effective date of last action). If OPT application was looked at after Oct 1st, it will be rejected/denied.

The action that is effective last i.e H1b takes precedence. The F1/OPT has no value after a H1b COS approval effective date and cannot be reclaimed under any circumstances.


That's it. End of Story. Period. Finito. No Mas. Have a Good Weekend.

[timic]

Last action rule

It may not true. I heard an answer from a lawyer:
If OPT is approved after H1B approved, then OPT is the last action. Your status will be OPT until OPT ends. Your H1B won't automatically take effect after Oct 1 even you have I-94 with your H1B approval. You need either change status without leaving US (not quite sure) or apply H1B visa stamp outside US to activate your H1B (change from OPT to H1B) before your OPT ends in 1 year. Be careful in this case. Better consulate your lawyer and get a written confirmation from USCIS.

The questions definitely got answerd when Txh1b replied:

OPT will only be valid until H1b gets approved. If H1b was approved earlier, OPT will be approved only until Oct 1st and even if approved for longer is invalid.

Last action rule applies and H1b is last action (Read it as effective date of last action). If OPT application was looked at after Oct 1st, it will be rejected/denied.

The action that is effective last i.e H1b takes precedence. The F1/OPT has no value after a H1b COS approval effective date and cannot be reclaimed under any circumstances.


That's it. End of Story. Period. Finito. No Mas. Have a Good Weekend.

[txh1b]

It may not true. I heard an answer from a lawyer:
If OPT is approved after H1B approved, then OPT is the last action. Your status will be OPT until OPT ends. Your H1B won't automatically take effect after Oct 1 even you have I-94 with your H1B approval. You need either change status without leaving US (not quite sure) or apply H1B visa stamp outside US to activate your H1B (change from OPT to H1B) before your OPT ends in 1 year. Be careful in this case. Better consulate your lawyer and get a written confirmation from USCIS.

Definitely not true as OPT extensions past a H1b approval date are NOT possible as F1 status ends! period. Talk to a better lawyer or ISO should also be able to answer these questions.

[timic]

Thanks. I think what you said is more reasonable. (You mentioned H1b approval date is H1B COS effective date=OCT 1. Right?)

Definitely not true as OPT extensions past a H1b approval date are NOT possible as F1 status ends! period. Talk to a better lawyer or ISO should also be able to answer these questions.

[txh1b]

Thanks. I think what you said is more reasonable. (You mentioned H1b approval date is H1B COS effective date=OCT 1. Right?)

Yes. Past COS effective date (Oct 1st) or approval date (past Oct 1st), F1/OPT are invalid.