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Nunc Pro Tunc - f1 to h1

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  • Nunc Pro Tunc - f1 to h1

    Mine is a very complicated case. I had a h1b Nunc pro tunc approval recently(July 2008).

    April 07 - agreed to join consulting firm and applied for h1b with incompleted documents (No details about h1 application revealed)
    May 07 - got another offer and told the consulting firm that I would not be joining them and requested them to withdraw the application and they refused to withdraw.
    June 07 - Consulted an immigration attorney and then complained to DOL(that no details of my application were sent to me)
    The attorney told me not to speak with the consulting firm and that DOL would take care of it. DOL did not take any action.
    July 07 - OPT started and I started working for the second firm. At this point, since I had no response from DOL, I assumed that the my application for h1b was not selected because of incomplete documentation.
    Apr 08 - Applied for h1 again and did not get selected in the MS lottery
    May 08 - I applied for the 17 month OPT extension and was held up as my status showed that my H1 was approved and my sevis was deactivated.
    But was able to get my h1b receipt number through my university
    June 08 - My company hired another attorney and then applied for the Nunc pro tunc with requesting for change of status from f1 - h1 with the old h1 recipt number.
    June/30/08 - My opt ended
    July 08 - NPT petition approved and new i94 has dates from july 2008 to june 2011(3 years) with the same i94 number as my previous one.

    I am confused as to what status I was on from Oct 07 to July 08. There is a gap of 3 days between my OPT end date and NPT approval date. Does this mean that I was on F1 status till June 08.

    My attorney insisted that I was on f1 otherwise my COS would not have been approved by uscis.

    Please advise.

    Thanks in advance.

  • #2
    If you got your approval with an attached I-94, I would think you were in valid status as per USCIS records.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thank you very much.

      Comment

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