H1b Transfer Question - Will my F1 status being expired before be an issue?

[davisa]

Let me explain my situation a bit.

My current h1b was issued as a Consulate Processing, because my F1 status expired at the time h1b was filed. I actually filed a F1 reinstatement before applying for the h1b because I did not know my F1 expired and I did not intend to stay illegally. The F1 reinstatement case did not give a response until 4 months after the H1B was approved and the reinstatement was denied because I have already changed my status to H1B, which is reasonable.

My question is whether I should let my lawyer know about the situation before she files the h1b transfer for me. The lawyer was assigned by my new company.

My F1 was automatically terminated because in the last semester there were only two courses(6 credits) and my school requires a form to be submitted if we are enrolled under 12 credits per semester, and I forgot to submit the form; my school did not let me know until the status was automatically terminated. I filed for F1 reinstatement as soon as I knew of the situation, so I assume I did not stay illegal here?

Would this affect my h1b transfer at all?

Thank you very much! I appreciate every advice!

[shervin143]

Your current stay past the I-94 expiry date is illegal. Even f you try to transfer your H1B, then petition might get approved without a new I-94. You need to be in status/legal to successfully transfer the H1B.

[davisa]

Your current stay past the I-94 expiry date is illegal. Even f you try to transfer your H1B, then petition might get approved without a new I-94. You need to be in status/legal to successfully transfer the H1B.

Looks like I did not explain it clearly - after I got the notice that I need to go back to home country and get a visa stamp to make the H1B valid, I went back immediately and got a new visa stamp and a new I94, which should be very valid, correct? Now I have been working for almost a year and just found a new job. The new employer will do the H1B transfer for me.

[shervin143]

I don't get it. If you are currently in valid H1B status with proper payslips for over an year, then what exactly is your concern about the H1B transfer? As long as the documents are in order, the H1B transfer should get through without any issues.

Looks like I did not explain it clearly - after I got the notice that I need to go back to home country and get a visa stamp to make the H1B valid, I went back immediately and got a new visa stamp and a new I94, which should be very valid, correct? Now I have been working for almost a year and just found a new job. The new employer will do the H1B transfer for me.

[davisa]

I don't get it. If you are currently in valid H1B status with proper payslips for over an year, then what exactly is your concern about the H1B transfer? As long as the documents are in order, the H1B transfer should get through without any issues.

I am probably worrying too much. I was just wondering if I should talk to the lawyer about my f1 story and if the f1 history will have any negative impact on the h1b transfer..

Thanks for replying!

[shervin143]

It is not required. What is important is your current H1B status.

I am probably worrying too much. I was just wondering if I should talk to the lawyer about my f1 story and if the f1 history will have any negative impact on the h1b transfer..

Thanks for replying!

[Nikesh]

Let me explain my situation a bit.

My current h1b was issued as a Consulate Processing, because my F1 status expired at the time h1b was filed. I actually filed a F1 reinstatement before applying for the h1b because I did not know my F1 expired and I did not intend to stay illegally. The F1 reinstatement case did not give a response until 4 months after the H1B was approved and the reinstatement was denied because I have already changed my status to H1B, which is reasonable.

My question is whether I should let my lawyer know about the situation before she files the h1b transfer for me. The lawyer was assigned by my new company.

My F1 was automatically terminated because in the last semester there were only two courses(6 credits) and my school requires a form to be submitted if we are enrolled under 12 credits per semester, and I forgot to submit the form; my school did not let me know until the status was automatically terminated. I filed for F1 reinstatement as soon as I knew of the situation, so I assume I did not stay illegal here?

Would this affect my h1b transfer at all?

Thank you very much! I appreciate every advice!

Hello Davisa<

I just read your case I currently I am in the same situation. My F1 status is terminated and the school is asking to file for re-instatement. However My H1b is approved as on July 25th. Now I can start work only by 1st of October. Kindly advise if i should file for re-instatement just be "in status", and If I do so will my H1b status be affected??

Kindly provide a response.

if you could also give me your email id


Thanks