Urgent - Please help with this B1/B2 to F1 Change of status issue:

[Daniel18 0]

while appreciating the good works of this forum, can you pls assist me with the following:

1. I have filed for F1 for myself and my dependent (F2). USCIS has received it because a receipt was sent to me. But the issue i am having is that it is taking long than expected because the semester (Fall) i intend to resume the school i applied should be starting soon.

2. while waiting for USCIS approval to enable me enroll into my courses and start schooling, I have a job interview with an organization and also to discuss H1B visa opportunity. Please i will like to know if while I am expecting to hear from USCIS on my F1 Visa Status, can I Process for H1B Visa with the organization is considered or given the job opportunity? 

3. If I can file for H1B while waiting for USCIS on the approval of already filed F1 visa, please how do i go about that (how do i start). Please note also that my i-94 expired on the 4th of June, 2017. But I filed for F1 before it expired.

4. If yes to question 3, please what document do I need to file with USCIS to enable me start working with the organization before F1 approval comes out and subsequent filing for H1B visa.

5. Your kind confirmation on the date and month when H1B filing commence for engineering degree holders will be appreciated.

 

Thank you very much

[aleful 1,905]

are you in the US? if so, you are already undocumented and you should have been granted the F1 before your i94 expired, you have no legal status at this time, you should have left and applied from your country

 

since you are out of status, there is no way you can get an H1B, the company applies for you, they hire an attorney and apply for you, I think they need to file next year in April and it is like a lottery, thousands of companies apply, but not all of them get the H1B . you should have left before your became undocumented

 

as a note, you wouldn't be able to work for the organization anyway, for a student visa you have to study full time and could only work 20 hours a week on campus, but you are out of status if you entered on a tourist visa and since it expired, the tourist visa has also expired

 

 

[canadian_wife 1,822]

Aleful, as always, is correct.  Your current status in the U.S. is important.  When did you arrive in the U.S?  How long were you given?

 

The H1B is done by the company sponsoring you, I'm surprised they are discussing it since petitions were due in April.

Good luck 

[kzielu 1,149]

All the above + the earliest you could get (which you will not if you are out of status) an H-1B would be October 2018 (since for this year's you're already too late). You do not file for H-1B, your employer does, earliest they can file a petition is April'18, earliest the visa can be granted is - as I mentioned - October of 2018.

[Daniel18 0]

Please note that I applied for change of status to F1 before my B1/B2 Visa expired (i-94). That is, my i-94 was still valid when I applied for change of status to F1. In these regards, please be informed that my petition/filing was accepted and is being processed by USCIS as a case file was assigned. Advise further on this basis. Thanks

 

Edited July 13, 2017 by Daniel18

[Daniel18 0]

Yes, the organization is filing for me, but i will like to know and have knowledge of the processes and what it entails in the processing of the H1B Visa, that is why i am asking.

 

Please note that I applied for change of status to F1 before my B1/B2 Visa expired (i-94). That is, my i-94 was still valid when I applied for change of status to F1. In these regards, please be informed that my petition/filing was accepted and is being processed by USCIS as a case file number was assigned. Advise further on this basis, because i wanted to know if it is possible for the organization to file a petition for me on H1B basis while F1 is awaiting approval. Thanks

[Boiler 45,486]

Would the job be cap exempt?

[kzielu 1,149]

3 hours ago, Daniel18 said:

Yes, the organization is filing for me, but i will like to know and have knowledge of the processes and what it entails in the processing of the H1B Visa, that is why i am asking.

 

Please note that I applied for change of status to F1 before my B1/B2 Visa expired (i-94). That is, my i-94 was still valid when I applied for change of status to F1. In these regards, please be informed that my petition/filing was accepted and is being processed by USCIS as a case file number was assigned. Advise further on this basis, because i wanted to know if it is possible for the organization to file a petition for me on H1B basis while F1 is awaiting approval. Thanks

They can file anytime, assuming cap has not been reached for current fiscal year (which it did) or the job isn't cap exempt. Filing petition has no connection to your status. Receiving a visa if you are in US - does.

Again - next April they can file a petition with USCIS. if in October'18 you have legal status and win the lottery (since there were many more petitions filed and USCIS does a lottery), you receive the visa.

[CEE53147 559]

H-1B filing is done by employer only. Please do not reference yourself as filing for H-1B because that implies you do not understand the process. Many people are of the understanding that they are involved in the filings and are often taken advantage of by unscrupulous employers. Before you become involved with any employer, become informed about what fees may be paid by the potential employee and what must be paid by the employer.

[Daniel18 0]

1 hour ago, CEE53147 said:

H-1B filing is done by employer only. Please do not reference yourself as filing for H-1B because that implies you do not understand the process. Many people are of the understanding that they are involved in the filings and are often taken advantage of by unscrupulous employers. Before you become involved with any employer, become informed about what fees may be paid by the potential employee and what must be paid by the employer.

I APPRECIATE YOUR CORRECTION AND I AM GRADUALLY UNDERSTANDING THE PROCESS. THANKS

[Daniel18 0]

Please help with this B1/B2 to F1 Change of status issue:

My F1 Visa has not been approved and the school has deferred my admission via a mail sent to me today. Also, my i-94 expired June 3, 2017. Please advise, what do i do? I just got the mail from the school today and I am confused? Thank you.

[Daniel18 0]

My F1 Visa has not been approved and the school has deferred my admission via a mail sent to me today. Also, my i-94 expired June 3, 2017. Please advise, what do i do? I just got the mail from the school today and I am confused? Thank you.

[Daniel18 0]

 My F1 Visa has not been approved and the school has deferred my admission via a mail sent to me today. Also, my i-94 expired June 3, 2017. Please advise, what do i do? I just got the mail from the school today and I am confused? Thank you.

[aleful 1,905]

we already told you, there is nothing you can do

 

you should have left before your stay expired, you are out of status, you can't change to F1, you have to be in legal status to change from a tourist visa to a student visa

 

 

[Mollie09 1,543]

You are out of status, and therefore cannot adjust.