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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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  #1 (permalink)  
Old 05-22-2008, 09:03 PM
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nihar is infamous around these parts nihar is infamous around these parts nihar is infamous around these parts nihar is infamous around these parts
Question stuck between gc , h1b`s , opt pls help

I had applied for my h1 b visa last april bt it was approved in jun07 and then again it went on pendong for some details bt finally got approved feb 08 and during this period i was on f1 , since i have completed my required credits i had applied for my opt and the same was approved in april 08 and also i had my h1 b visa bth approved . since i did nt like my employer and thght tat i will not be seeing results i filed for my h1 again tis april 08 and same was approved . now im in a dilema since i have all of them which 1 do i stand under since im applying jobs under my 1st h1b employer and also my opt . neither of the employers are aware of the same except tat i have h1 with them and my opt is approved . i m applying jobs based on my previous h1 and opt and will be taking training under the new employer . the new employer is flexible and says that if i find a better job before he does he has no issue in letting go of me . now i have my green card from my family under process wha do i do . pls advice as the i will have to be employed within 3 months if im on opt . i deeply appreciate ur reply .
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  #2 (permalink)  
Old 05-22-2008, 09:15 PM
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Originally Posted by nihar View Post
I had applied for my h1 b visa last april bt it was approved in jun07 and then again it went on pendong for some details bt finally got approved feb 08 and during this period i was on f1 , since i have completed my required credits i had applied for my opt and the same was approved in april 08 and also i had my h1 b visa bth approved . since i did nt like my employer and thght tat i will not be seeing results i filed for my h1 again tis april 08 and same was approved . now im in a dilema since i have all of them which 1 do i stand under since im applying jobs under my 1st h1b employer and also my opt . neither of the employers are aware of the same except tat i have h1 with them and my opt is approved . i m applying jobs based on my previous h1 and opt and will be taking training under the new employer . the new employer is flexible and says that if i find a better job before he does he has no issue in letting go of me . now i have my green card from my family under process wha do i do . pls advice as the i will have to be employed within 3 months if im on opt . i deeply appreciate ur reply .
How do you define "now i have my green card from my family under process"...

If you have filed for I-485, under any interpretation you have expressed permanent immigration intent and therefore can no longer be on F-1, and hence you cannot have OPT either since OPT is actually an F-1 status.
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  #3 (permalink)  
Old 05-22-2008, 09:28 PM
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Im sorry i did not understand .
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  #4 (permalink)  
Old 05-22-2008, 11:03 PM
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What is your GC status. If you already got GC why do you need H1 or F1 opt. I dont understand why did you go for new H1 rather than transfer. You can not have more than one status at a time.

My suggesstion is go for GC if you got one. Even if you go for H1 and you dont get paid, you become out of status. So you have to find the project and on pay roll asap and it does not matter its H1 or Opt.


1. Whether H1 or F1 , only one is valid.
2. You can not use both H1 or F1 opt.
3. F1 is not dual intend. Means you can not apply/start process for GC. Do you remember you filled the application for visa stamping - NO for gc process.
3. If they knew your GC process in stamping or at POE, they might haved denied visa/entry to the US.

Though you intend to become permanent resident, its not nullifying the F1 automatically untill you used H1.

Talk to attorney to find your current status - H1 or Opt. I am not very sure about this as you have messed up.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
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filing without current PD

Last edited by snathan; 05-22-2008 at 11:11 PM.
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  #5 (permalink)  
Old 05-23-2008, 10:13 AM
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Im yet to get my GC and its under process it family based .
The 1st h1 employer has not done anythng much rather than just doing eye wash getting me into 1 or 2 interview calls and since my last h1 came into query last year and got approved this year i was on student visa to be on safe side and not be out of status . i had completed my required credits by feb and i was eligible for opt so i applied since i did nt knw if my h1 wud be approved . When it was approved and since i did nt see any results till date so i applied for anther h1 and during this process opt was also approved . since i have not started wrking on either of the h1 or opt i want to knw can i proceed with my opt and new h1 employer . also can i find jobs on my own on my opt and wrk for 1 year and later tat employer apply for my h1 next year again . the new h1 employer says that if i find a job before he does i can move on and he has not a single issue either on payment or oherwise . pls advice .y i did nt transfer my h1 because she asked me to pay 5000 dollars and was nt willing to be nic ... nw since i do not have a job wat was i supposed to do . also my GC is family based and has nthing to do with any h1 . i came here on student visa ,

Last edited by nihar; 05-23-2008 at 10:28 AM.
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  #6 (permalink)  
Old 05-23-2008, 10:36 AM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
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Originally Posted by nihar View Post
Im yet to get my GC and its under process it family based .
The 1st h1 employer has not done anythng much rather than just doing eye wash getting me into 1 or 2 interview calls and since my last h1 came into query last year and got approved this year i was on student visa to be on safe side and not be out of status . i had completed my required credits by feb and i was eligible for opt so i applied since i did nt knw if my h1 wud be approved . When it was approved and since i did nt see any results till date so i applied for anther h1 and during this process opt was also approved . since i have not started wrking on either of the h1 or opt i want to knw can i proceed with my opt and new h1 employer . also can i find jobs on my own on my opt and wrk for 1 year and later tat employer apply for my h1 next year again . the new h1 employer says that if i find a job before he does i can move on and he has not a single issue either on payment or oherwise . pls advice .y i did nt transfer my h1 because she asked me to pay 5000 dollars and was nt willing to be nic ... nw since i do not have a job wat was i supposed to do . also my GC is family based and has nthing to do with any h1 . i came here on student visa ,
Since you already started GC process, I would suggest you to go with H1. Because F1 is not dual intend. If you go for stamping or re enter, they might ask you question about GC and possibily deny visa/entry.

But please consult with attorney before taking any decision.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #7 (permalink)  
Old 05-23-2008, 10:50 AM
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nihar is infamous around these parts nihar is infamous around these parts nihar is infamous around these parts nihar is infamous around these parts
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Thanks a lot for ur advice next thing ,I will not be moving out of the country till GC is approved .Nowmy question is that the initial employer is still trying bt like i said eye wash so im nt expecting her to give me results . next thing my opt started in april and i found anther employer who filed and gt my h1 . so the question here is sinace i have my opt and i cant wrk on the new h1 till october can i look for jobs on my own on opt as m new employer has no issues if i do so . he is a nice guy .
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  #8 (permalink)  
Old 05-23-2008, 11:05 AM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
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Originally Posted by nihar View Post
Thanks a lot for ur advice next thing ,I will not be moving out of the country till GC is approved .Nowmy question is that the initial employer is still trying bt like i said eye wash so im nt expecting her to give me results . next thing my opt started in april and i found anther employer who filed and gt my h1 . so the question here is sinace i have my opt and i cant wrk on the new h1 till october can i look for jobs on my own on opt as m new employer has no issues if i do so . he is a nice guy .
If you got your H1 in 2009 quota, you can not use till October 2008. So the option is only Opt. You post your query at Murthy.com and get answer from attorney on this just to be cautious.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #9 (permalink)  
Old 05-23-2008, 11:09 AM
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nihar is infamous around these parts nihar is infamous around these parts nihar is infamous around these parts nihar is infamous around these parts
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Yes i applied for my h1 in apr08 and its approved for oct 08 so during this period im on opt if i dont use the previous employer h1 rite and also tis year h1 is safe wit my employer so tat i can find a job by myself on opt and he can help me wit his h1 .
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  #10 (permalink)  
Old 05-23-2008, 11:12 AM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
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Quote:
Originally Posted by nihar View Post
Thanks a lot for ur advice next thing ,I will not be moving out of the country till GC is approved .Nowmy question is that the initial employer is still trying bt like i said eye wash so im nt expecting her to give me results . next thing my opt started in april and i found anther employer who filed and gt my h1 . so the question here is sinace i have my opt and i cant wrk on the new h1 till october can i look for jobs on my own on opt as m new employer has no issues if i do so . he is a nice guy .
What is your current GC status. Its a long way to go and be prepare for the journey. IV is hardly lobbying for our cause and there is lot of money needed for this. There is a fund drive going on and every one like us contributing what ever possible. May I ask, if there is any possibility for IV to get any help from you. By helping IV...HELP YOURSELF.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #11 (permalink)  
Old 05-23-2008, 11:23 AM
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I have applied in dec 06 and i guess it shoud take a year or 2 . so i can go ahead and apply for jobs based on my opt rite ...i would love to help but u knw my situation at the moment . i will try my best to do somethng
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  #12 (permalink)  
Old 05-23-2008, 11:43 AM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
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Originally Posted by nihar View Post
I have applied in dec 06 and i guess it shoud take a year or 2 . so i can go ahead and apply for jobs based on my opt rite ...i would love to help but u knw my situation at the moment . i will try my best to do somethng
OK. I understand your situation. But dont forget IV when you get project. Best of luck
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #13 (permalink)  
Old 05-23-2008, 11:49 AM
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Sure i dont forget my old days .. U have been of so much help thrgh tis site . i will get bak to u in tis regard. Please let me knw if u think i can start work on opt as 1 mnth is already expired . pls help me wit any info ... i will just take as a suggestion . pls help
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  #14 (permalink)  
Old 05-23-2008, 12:02 PM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
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Originally Posted by nihar View Post
Sure i dont forget my old days .. U have been of so much help thrgh tis site . i will get bak to u in tis regard. Please let me knw if u think i can start work on opt as 1 mnth is already expired . pls help me wit any info ... i will just take as a suggestion . pls help
I dont have any idea about F1 or OPT. I dont want to misguide you on this. As I said earlier please post your query on Murthy.com or immigration-information.com. You can get answer from an attorney from these sites. And its free
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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