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I'm on F1 until Jul 2012. Right now on post completion OPT (May 2012, can be extended for 17 more months).
New job with new employer from 20th June 2011.
Previous employer filed H1 and it was approved(to be implemented from October 2011) after I left them (17th June 2011).
I opted to stay on F1 since I was on OPT, previous employer requested a revoke/withdrawal sent me email confirmation that it was withdrawn.
Was about to travel end of Jan , but University said "ur SEVIS says you are on H1 please send us updated documents, and also we cannot give u i20"
Now I cannot travel :-(
Contacted my previous employer, Attorney & University (this was happening since Aug 2011)
This is what they say:
attorney: your previous employer shd help you.
University: We need something (other than email) from ur previous employer that says ur case was withdrawn.
Prev Employer: Sorry but we don't have anything but the email.
On my request prev employer called USCIS california service center (was on my H1 approval document) they said .. we cant do anything the case is closed.
University suggested to take a infopass appointment, went there too, they did not even lsiten to my situation, instead they said what all you have is with your employer so its an employer thing we have noting to talk to you.
this is wat my univ said "You will need USCIS to change your H-1B application status from approved to withdrawn. When they update this information in their system it will automatically update in the SEVIS system. I will then be able to issue you a new I-20."
So after i pestered my previous employer a lot (US company) they contacted USCIS and and were able to get me a letter from them (hard copy) that says my H1B was revoked and the date on that letter is 18th Jan 2012, which is after 10/01/2011(my H1B approval date) and after me submitting this letter to my university , just two days ago they got back to me saying
YYYY XX,
I just received an email from SEVIS yesterday evening. They are not reactivating your F1 immigration record. Their reasoning is: “Based on the documentation that has been provided, there is no evidence that the employer sent a letter of withdrawal to USCIS prior to the H-1B effective date of 10/1/2011.”
You’re options at this point are:
· Leave the United States within 15 days
· Apply for a new program of study and then apply for reinstatement
At this point I do not advise changing your immigration status while in the United States since you are currently not in valid F1 status.
Let me know if you have more questions.
Sincerely,
WHAT DO I DO NOW :-(
My current employer is saying that Univ people don't know everything .. we will apply your h1B in premium and that defect should be rectified, as long as you have a revokal letter you should be good.
Please suggest ...!
Some friends told me that if I do not leave US in 15 days I will be banned for 10 yrs from re-entering the country, is it so.
New job with new employer from 20th June 2011.
Previous employer filed H1 and it was approved(to be implemented from October 2011) after I left them (17th June 2011).
I opted to stay on F1 since I was on OPT, previous employer requested a revoke/withdrawal sent me email confirmation that it was withdrawn.
Was about to travel end of Jan , but University said "ur SEVIS says you are on H1 please send us updated documents, and also we cannot give u i20"
Now I cannot travel :-(
Contacted my previous employer, Attorney & University (this was happening since Aug 2011)
This is what they say:
attorney: your previous employer shd help you.
University: We need something (other than email) from ur previous employer that says ur case was withdrawn.
Prev Employer: Sorry but we don't have anything but the email.
On my request prev employer called USCIS california service center (was on my H1 approval document) they said .. we cant do anything the case is closed.
University suggested to take a infopass appointment, went there too, they did not even lsiten to my situation, instead they said what all you have is with your employer so its an employer thing we have noting to talk to you.
this is wat my univ said "You will need USCIS to change your H-1B application status from approved to withdrawn. When they update this information in their system it will automatically update in the SEVIS system. I will then be able to issue you a new I-20."
So after i pestered my previous employer a lot (US company) they contacted USCIS and and were able to get me a letter from them (hard copy) that says my H1B was revoked and the date on that letter is 18th Jan 2012, which is after 10/01/2011(my H1B approval date) and after me submitting this letter to my university , just two days ago they got back to me saying
YYYY XX,
I just received an email from SEVIS yesterday evening. They are not reactivating your F1 immigration record. Their reasoning is: “Based on the documentation that has been provided, there is no evidence that the employer sent a letter of withdrawal to USCIS prior to the H-1B effective date of 10/1/2011.”
You’re options at this point are:
· Leave the United States within 15 days
· Apply for a new program of study and then apply for reinstatement
At this point I do not advise changing your immigration status while in the United States since you are currently not in valid F1 status.
Let me know if you have more questions.
Sincerely,
WHAT DO I DO NOW :-(
My current employer is saying that Univ people don't know everything .. we will apply your h1B in premium and that defect should be rectified, as long as you have a revokal letter you should be good.
Please suggest ...!
Some friends told me that if I do not leave US in 15 days I will be banned for 10 yrs from re-entering the country, is it so.
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