H1 to F1 to H1

[axg3450]

Hi,

This is my situation:

-Graduated from a renowned university in may 2011
-started working on OPT till April 2012
-got H1 approved and stamped in oct 2012
-got laid off in Nov 2012
-got I20 in Nov 2012 from same university in graduate program from same feild. In order to maintain legal status.

I have following questions:

1. Since F1 is still pending can a company apply for H1

2. Should I wait for F1 to be approved and then apply for H1

3. Will the whole situation negatively affect future VISA processings.

Any help will be greatly appreciated.

[kabkaba]

Hi,

This is my situation:

-Graduated from a renowned university in may 2011
-started working on OPT till April 2012
-got H1 approved and stamped in oct 2012
-got laid off in Nov 2012
-got I20 in Nov 2012 from same university in graduate program from same feild. In order to maintain legal status.

I have following questions:

1. Since F1 is still pending can a company apply for H1
-- Yes, but that will be a bridging petition, since your status depends on the approval of COS applciation.
2. Should I wait for F1 to be approved and then apply for H1
-- You don't have to, but that is a better approach, especially if you are not maintaining F1 status.

3. Will the whole situation negatively affect future VISA processings.
-- If COS is denied, the period after your last day at work until you leave the US will be considered out of status and may affect future applications.

Any help will be greatly appreciated.

See above.