F1 Stamped, got name in H1 lottery also for this year

[Vikas1985]

HI,

I got my student visa stampled, now my employer is also willing to send my on H1 as my name came in lottery.
What are the chances that my H1 visa will get reject as I had done my F1 stamped 2 months back.

TIA,
Vikas

[raghvi]

HI,

I got my student visa stampled, now my employer is also willing to send my on H1 as my name came in lottery.
What are the chances that my H1 visa will get reject as I had done my F1 stamped 2 months back.

TIA,
Vikas

Dont see a risk to H1 unless the employer is not genuine. But yes, your F1 in passport will most likely be cancelled.

This is my opinion not legal advice.

[Vikas1985]

Thanks Raghvi,

Yes I got this thing that at a time there will be only one valid VISA,
so its ok but was skeptical about the decision on H1 by Visa consulate after having F1 stamped.


I have another question I guess not suitable to ask here but if its so please redirect me to proper forum.
What do you what is better do F1 then H1, or directly go on H1. Ultimate aim I want to work in US.
but concern is will there be good options after F1.

[raghvi]

No one can gauge in the future and predict. In 2012 if someone had said that USCIS will receive over 170,000 Fresh H1 petition in 2014 they may not have been taken seriously. So things change rapidly.

A lot depends upon how you want to shape your career, the field you are majoring in, university, its placement records, the kind of job you being offered while on H1, technology/domain you would be working on.

If the H1 employer is merely a body shopper then I would suggest you give them a pass and look for better job offers, now that you have a H1. Make sure you get the approval notice from the H1 employer before you show your intent to leave them otherwise you may not be able to transfer your H1.

This is my opinion not legal advice.

[Vikas1985]

No one can gauge in the future and predict. In 2012 if someone had said that USCIS will receive over 170,000 Fresh H1 petition in 2014 they may not have been taken seriously. So things change rapidly.

A lot depends upon how you want to shape your career, the field you are majoring in, university, its placement records, the kind of job you being offered while on H1, technology/domain you would be working on.

If the H1 employer is merely a body shopper then I would suggest you give them a pass and look for better job offers, now that you have a H1. Make sure you get the approval notice from the H1 employer before you show your intent to leave them otherwise you may not be able to transfer your H1.

This is my opinion not legal advice.

One more question can my organization apply Premium for me now,(I mean can they do once lottery is picked ?)

[Venkat20114]

F1 to H1

You have F1 now, work on it, you are safe. H1B coming in October, if approved already, you are safe. If not approved yet, you can updated to PP to be sure it gets approved. No regular processing H1B quota approval notices have been sent out yet, it will take a 1-3 months for those approvals to arrive. If you travelled out of the U.S. on F1 after your H1B quota was applied (travelled after April 1st) you may have "abandonded" your change of status. Check on this "change of status" before Oct 1st. When H1B is valid Oct 1st go to work on it and do not change your current employer until after Oct 1st or the H1B goes away (new USCIS rule). Work, switch to H1B on Oct 1st and enjoy work in U.S. for a very long time. F1 will go away and is good way to get H1B.

[raghvi]

Venkat, which new rule are you talking about? "do not change your current employer until after Oct 1st or the H1B goes away (new USCIS rule)"

Please elaborate, willing to learn about it, if you can give any links/pointers.

[Vikas1985]

You have F1 now, work on it, you are safe. H1B coming in October, if approved already, you are safe. If not approved yet, you can updated to PP to be sure it gets approved. No regular processing H1B quota approval notices have been sent out yet, it will take a 1-3 months for those approvals to arrive. If you travelled out of the U.S. on F1 after your H1B quota was applied (travelled after April 1st) you may have "abandonded" your change of status. Check on this "change of status" before Oct 1st. When H1B is valid Oct 1st go to work on it and do not change your current employer until after Oct 1st or the H1B goes away (new USCIS rule). Work, switch to H1B on Oct 1st and enjoy work in U.S. for a very long time. F1 will go away and is good way to get H1B.

Hi Venkat,

I also didn't get the things you mentioned please elaborate gain.
I am in India only, as of now never traveled to US.

appreciate your time.

[Venkat20114]

F1 or H1

Hi, I assumed you were in the U.S. already. Ask your attorney which is best for you. You have multiple questions in here which need answered, better for an attorney to answer you.

Raghvi, Yes, new USCIS guidance is that it is not wise to switch employers while getting a new quota H1B anytime before Oct 1st. The new guidance direct from USCIS in April 2014 is: If you have a new H1B approved under the quota with Employer #1, then you ask Employer #2 to transfer it before October 1st. If Employer #1 fiels a withdrawl of your H1B before the Employer #2 visa is approved, this means that your new H1B never existed in the first place.