Immigration Issues/Change of Status


I am currently on my OPT (after MS) and have received   (H1B)I-797B
approval without Change of Status staring from Oct 1, 2008.
My OPT is valid till 01/02/09. I have been working for company A from
Jan 2008 on OPT.
My  position in the company has lately been dissolved. I have not got
my H1B stamping done yet.

I am confused about what to do now. There are a couple of queries I have:

1. Should I get my H1B stamping done (by requesting the company A to
keep me on the payroll till I get it stamped in September) and then
apply for H1B transfer before October 1, 2008 ?
2. Should I file for H1B transfer from company B, wait for the
approval and get the stamping of H1B for the company B ?
3. Is there a possibility that now when I file for transfer of H1B my
Change of Status is also approved ?

1.  Yes, you could do that.  You do not need to be on payroll to leave the country and reenter on H1b visa ten days prior to October 1.
2.  There is a requirement to show you are working during the OPT period and the USCIS may require you to prove this prior to the approval of the H1B.
3.  It would if your employer files for a change of status.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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