H1B withdrawal

[varuna1]

Hi,

I'm Vasanth, a student at UIC. I graduate this August 4th and was hoping to start my OPT from October. Meantime one of the companies filed for a change in status of my visa, from F1 to H1 without my knowledge and approval, even before the interview. That was a mistake in their internal legal department. I found this out when I applied for my OPT and my Office of International Services couldnt proceed with processing because of this. I asked them to withdraw the H1-B application before it was approved, which they did! The reason being I wasnt sure if I would join this company or if I would get an offer. Now I'm really concerned about the implications of this incident. Do you think there will be implications on my 1)Future H1 processing 2)Green card processing. Please advise..

Thanks,
Vasanth

[pythiumpo123]

same situation here.. pls advice

Hello Varun,

I am to graduate with masters in December, 2008
Company A, applied for my H1 in april 2008 and got it approved in oct 2008. I went to interview with them in March and was not extended an offer, still they went ahead and applied for my H1, so I wasn't aware of it. My status changed to H1 and I didnt even know about it. When I was about to apply for my OPT in October, I was informed that my status has changed by the International students office at my university. I had to contact Company A about this and they informed me that, they had "by mistake" applied for my H1. They told me that they are going to file a withdrawal for that H1B.

Now,
I am in my last semester, H1 withdrawal is being submitted for a company I never worked!
I dont know what I should be doing?
1.) Can I transfer my H1 to another employer?? I don't have paystubs from this Company A, as I never worked for them!!
2.) After the withdrawal can I still apply for my OPT??
3.) what is my current status?

I am thoroughly , Any advice is appreciated!

[orion]

Wow! you guys got lucky!

You should be able to explain the situation clearly to the USCIS on a cover letter when applying for your OPT.

Due to this, your current status is surely compromised. This will effect future H1 processing. And transfer of this "by mistake H1" is not feasible as 1. it was a mistake 2. you never worked for the company so you dont have pay stubs and 3. you are out of status.

Contacting a good attorney seems the best way right now. You can also seek an attorney to sue the company that filed for your H1 by mistake and compromising your nonimmigrant status in US.

[txh1b]

You are out of status and not eligible to apply for OPT. You should go out of the country ASAP, get the cap counted H1b transferred to a new employer(ask your old one for a copy of the approval) (kinda lucky here), explain on DS156 that you violated the terms of your visa, tell your story to the VO, get a H1b stamp and re-enter.

No status changes are permitted while in US and you keep accumulating unauthorized stay. Over 180 days bans you for 3 yrs and over 365 for 10 years.