starts h1b in January

[adira]

Hi
I’ve applied for h1b visa and I’m still pending, but I hope there will be no problems in getting it 
Currently I am on F1 visa and I’m planning to graduate in December 2008
I’ve talked to my employer and they agree to start working in January 2009, after I will graduate. Will that affect my h1b status? Am I allowed to do that or no?
Thank you!

[adira]

hey

seniors? plsss

[DMX17]

Did your employer apply for a Change of Status with te H1?

If so and if your H1 is approved, your status will change to H1 on Oct 1st.

[txh1b]

If it is a COS, no F1 status after Oct 1st meaning you HAVE TO begin work FT for the H1b employer and get paid as per the LCA to be in proper status.

No OPT after graduation as well.

[DMX17]

Is the SEVIS record terminated?

The OP cannot do any leapfrog thing, can he/she?

[txh1b]

Is the SEVIS record terminated?

The OP cannot do any leapfrog thing, can he/she?

I don't think the leap frog thing applies to F1 as the sevis record is gone and once gone, only can be reinstated by a new visa or by applying for one. Again, you know better about F1/OPT than me.

[DMX17]

I don't think the leap frog thing applies to F1 as the sevis record is gone and once gone, only can be reinstated by a new visa or by applying for one. Again, you know better about F1/OPT than me.

I was not sure and hence the question. I would think that leapfrog is not going to do any good.

To continue of F1 after Oct 1st, the OP can travel out and in on F1 while H1 is still pending. correct?

[txh1b]

To continue of F1 after Oct 1st, the OP can travel out and in on F1 while H1 is still pending. correct?

Yes, that would be right which would abandon the COS. Best thing would be to ask the DSO clearing mentioning the scenario if it was a COS.

[DMX17]

Case dead.

I feel that I am getting rusty on what I knew before. Perhaps, it's the work load I am experiencing or I should say an increase in work load.

[adira]

hey

Hey guys…that was a nice conversation between you two txh1b and dmx17…but, what about me ? I didn’t understand anything…leapfrog?
So,
1. my h1b will start Oct 1st. my f1 visa will be cancel starting Oct 1st, am I right? But I will still be able to go to school. Right?
2. Oct 1st will be the date when I suppose to start working for my employer. But, I’ve talked to him and he agrees with me to start working in January 2009, after I will graduate. Is that possible? Or I will be out of status til than?
Thank you!

[DMX17]

You don't need to know about leapfrog as it does not apply to your case.

Did you read txh1b's post?:

Yes, that would be right which would abandon the COS. Best thing would be to ask the DSO clearing mentioning the scenario if it was a COS.

You can travel while your H1 with COS is pending. Re-enter on F1 status with a visa/I-20/OPT/Offer letter/ Employment letter. Be careful while traveling on OPT. This will (should) abandon the Change of Status and your H1 will be aprroved as a Consular Processing case.

And again, talk to DSO.

[txh1b]

On H1b, you have to be working and getting paid. It is a MUST! NO EXCEPTIONS! (well, medical is different story)You can complete your degree part time or however you want to. Your employer has nothing to lose if you delay your start date. You lose everything including your status while illegally studying which the school will realize in the middle of the semester during the SEVIS update process and will not let you continue.

It is important for you to talk to DSO about this H1b petition and find out from your employer if this was applied as a COS.

[adira]

thanks

thank you guys!
if i will go to canada from Sept 26th (F1 status) to Oct. 7th (h1b status), I have to go to the embassy over there for stamping with my H1b approval.
are they going to stamp my passport for h1b? what documents will I be need?

[txh1b]

Read the website for the info. There are plenty of posts.