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H1 Status Active or Not; Complex case

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  • H1 Status Active or Not; Complex case

    Hello,



    I was on Day1 CPT (on Company X) since April, 2020 just to make sure I stay is status, in-case my H1 (on company Y) doesn't get approved, as it was my last attempt (and that OPT is expiring in June)

    My H1 got "picked" and I was continuing to work on Day1 CPT and was awaiting my H1 in October.

    My H1 got hit with an RFE, and the RFE was resolved (case got "approved") in a few months, but the employer "purportedly claims" that he hasn't received the i797 yet and showed proof of "request for duplicate copy".




    Here's where it gets all fuzzy, I'm continuing to work on Day1 CPT still, since my employer will only allow me to work a.k.a start my payroll, after he receives the i797, as he says that he doesn't yet know the start-date, which makes sense as the i797 contains the start-date.



    So here's the question. Am I now on H1 status as my H1 case got "approved", regardless of whether or not I started working for company Y. Am I also on F1 as I'm working for company X through Day1 CPT. Is it possible to simultaneously be on different visas, or does the SEVIS get terminated after my RFE got resolved, and my H1 got approved? My school hasn't notified me anything regarding my SEVIS status, although I had put in an email asking them to review my current SEVIS status. So currently I'm at an impasse.


  • #2
    Hi Member,

    Am I now on H1 status as my H1 case got "approved", regardless of whether or not I started working for company Y.
    Answer: Even though your H1B got approved, you will need to also make sure, whether H1B Approval is along with change of status approval. If the change of status got approved then you may consider your current status as H1B and you will not no longer on F1 status.

    Am I also on F1 as I'm working for company X through Day1 CPT. Is it possible to simultaneously be on different visas, or does the SEVIS get terminated after my RFE got resolved, and my H1 got approved? My school hasn't notified me anything regarding my SEVIS status, although I had put in an email asking them to review my current SEVIS status.
    Answer: If your H1B change of status is approved then your SEVIS will be terminated. Through that you can come to know. But, you can not working on two different visa status at same time.

    Thanks

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