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On F-1, H-1b Approved still out of status

Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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05-13-2009, 05:55 PM

fighttillend fighttillend is offline

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Join Date: May 2009

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On F-1, H-1b Approved still out of status

Anticipated OPT started 12 Dec 2008. EAD reached me late showing start date 12 Jan 2009.
Continuing to work for same employer from June 2008 till date with full time CPT and now OPT (EAD). The only period I did not have work authorization was between 12 Dec 2008 to 12 Jan 2009. I don't think my employer report this to USCIS. They filed my H-1b and was approved with a start date Oct 1, 2009.
Employer lawyer says I am out of status and just leave US for a couple of days and come back showing EAD, F-1 Visa (Valid until July 31, 2009), I-20 and letter from Employer.

Question: 1. Am I really out of status as the lawyer says? If so, how come they approved H-1b sinc they look up background info.
2. Would I be allowed to get in US. I plan to visit Canada for getting back to F-1 status.

I am in an awkward predicament. Please advise ASAP. I don't trust my company lawyer.

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