Help Needed On Status Clarification

[ramvin]

Hi,

I am on OPT right now, which expires on Dec 14, 2008. I got my H1 approved this year through Company A. I have applied H1 transfer to Company B on premium processing, and I should get the result in a day or two.

If my H1 transfer gets rejected, can I work for Company A, or will I go back to my OPT status? Company A knows that I have applied for H1 transfer.

What will be my status if the H1 transfer approval decision gets delayed beyond Oct 1, 2008?

[txh1b]

OPT is invalid after a COS to H1b was approved from the H1b start date irrespective of it's expiry date. You have to work for A or use AC21 H1b portability provision and start working for the new company. Discuss your options with your lawyer. That is why they are getting paid.

[notalawyer]

status question

assuming your H-1B is a Change of status effective Oct. 1, 2008, you are in F-1 status until that time...and the I-94 attached at the bottom of your I-797 approval notice changes your status to H-1B as of 10/01/2008, right?

OPT is not a status, it is just authorization from your school to engage in practical training. I assume you have an EAD card valid to 10/1/08 or more.

If the 2nd H-1B "transfer" is rejected, you still become H-1B as of Oct. 1, 2008 assuming you are working as described in the first H-1B petition filed on your behalf (not only "can you work for employer A, I think you have to in order to maintain H-1B status).

Hope this helps.