Very Weird - Urgent Help Needed

[fluid2finance2]

Did MS (2003) in USA and used my OPT and then worked on H1b for 3 years.

Then again went on F1 to do full time MBA and after graduating, could not find a job and hence had to transfer to another masters (3rd one) to keep F1 alive and kept looking for a job

Now found the job. Company applied for a premium transfer and since I had 3 years remanining on H1b, I did not have to apply in a cap

H1b got approved this week.

Now I went to the International Student office of my university to just inform them of the same.

They pulled up my record to see the SEVIS information (Student and Exchange Visitor Information System) and found out that the receipt number was there in the system, however, the SEVIS system mentions a line stating that:

"An I 129 application with receipt number ___ has been filed and currently the F1 status has Automatically being extended to Sep 30 2012"

The personnel at Lehigh University has stated that this is very werid and they need to send the SEVIS a copy of my I 797 approval so that SEVIS rectifies the automatic information in its database. They think it might be beacuase the SEVIS database automatically did this assuming that the student is falling onto an OPT and the next cap opens on Oct 2012 and hence they automatically update the F1 til Sep 30, 2012
??!!

The official approval will come in mail only after a couple of weeks...Now the company wants me to join right now and says since the h1b is approved and USCIS email says so, the university says that they advice me not to start till this SEVIS issue is resolved and they say its a unique case and they dont know how long SEVIS will take to update the correct info

What do i do? I have to join and start working but worried about how big an issue this is?

Please advice!!

[txh1b]

You cannot start until you see a physical copy of the I797 because you just know H1b is approved. You still do not know if your COS to H1b is approved or not which is dependent on the fact that the I797 comes with an attached I-94 stating your H1b status or not. Your company cannot force you to join unless your COS is approved.

Another alternative would be to visit your nearest CBP or USCIS office to show your I-94 number and ask them what your current status is in their system. If it says F1, you have to wait.

[fluid2finance2]

Dear Txh1b

Thanks a lot for your help and advice

Can you please clarify a little more?
The email received by the attorney from USCIS states as follows:-

The California Service Center has approved the following
I-129 Petition for Nonimmigrant Worker
that had been filed under the Premium Processing Program:

Receipt Number: (Given)
Petitioner: (given)
Beneficiary: (Given)
DOB: (Given)
Classification: H1B
Starting Validity Date: 01/17/12
Ending Validity Date: 01/02/15
Consulate notified (if applicable):
I-94 # (if applicable): (Given)

The form I-797 Approval Notice will follow in the mail.


____________________________________

I have replaced the real data with Given above for privacy

But it clearly mentions the validity date of H1 as starting from 1/17/2012 and also give the applicable I-94 number to it

As per the above, the lawyer is mentioning that I can start working immeadiately
But the personnel at univeristy suggests waiting for official copy

Please advice

You cannot start until you see a physical copy of the I797 because you just know H1b is approved. You still do not know if your COS to H1b is approved or not which is dependent on the fact that the I797 comes with an attached I-94 stating your H1b status or not. Your company cannot force you to join unless your COS is approved.

Another alternative would be to visit your nearest CBP or USCIS office to show your I-94 number and ask them what your current status is in their system. If it says F1, you have to wait.

[txh1b]

If you have an approved I94 indicating a COS, you can begin work. However, your SEVIS situation has to be sorted out for sure as it could land you in problems.

[fluid2finance2]

hi txh1b

Thanks again for your input

I am very confused now. The actual notice will probably take a couple of weeks to show up so I think nothing much can be done till now

Only silver lining is that the USCIS email clearly mentions that H1b is approved PLUS the validitiy dates are 01/17/2012 for 3 more years

Hence, any problem later can not be held against me

This is already an approval. People even start working only or receipt number where even the outcome is uncertain

Also I noticed in all my previous I 797 approvals, there was never any in which the I 94 has a COS or extension etc mentioned on it

I agree that the SEVIS issue has to be resolved. I am guessing that it happened because usually it is assumed that the student is right now on OPT and hence applying for a new H1b and to fill the " Cap Gap" the SEVIS automatically posts 1 day before H1b start season (i.e. Sep 30, 2012)

Since the H1b got approved only yesterday and there is even a possibility that SEVIS will update once the info is updated there, but definitely I will keep following up with the university and provide them with the I 797 copy so that they can rectify the SEVIS database

[txh1b]

hi txh1b

Hence, any problem later can not be held against me

This is already an approval. People even start working only or receipt number where even the outcome is uncertain

Also I noticed in all my previous I 797 approvals, there was never any in which the I 94 has a COS or extension etc mentioned on it

I-94 does not have COS or extension words mentioned on it...Never. When it comes to immigration, my posts are always conservative in nature. You cannot assume you can not be held responsible for it. Have you even read the many cases where peoples lives have been torn apart due to a mistake by USCIS? YOU are definitely the one that will be held responsible for any USCIS errors.

Your posts also tell that you are not fully aware of the law. People work with receipt numbers only when it is a case of H1b to H1b status transfer and/or extension. One can NOT begin work on a receipt for a COS case. Many consulting conpanies misguide people with their peanut sized brain and tainted knowledge of immigration laws.