H1 Status Active or Not; Complex case

[anonymousZTip 0]

I'm on Day1 CPT (on Company X) since April, 2020 just to make sure I stay is status, in-case my H1 (on company Y) doesn't get approved, as it was my last attempt (and that OPT is expiring in June)

My H1 got "picked" and I was continuing to work on Day1 CPT and was awaiting my H1 in October.

My H1 got hit with an RFE, and the RFE was resolved (case got "approved") in a few months, but the employer "purportedly claims" that he hasn't received the i797 yet and showed proof of "request for duplicate copy".




Here's where it gets all fuzzy, I'm continuing to work on Day1 CPT still, since my employer will only allow me to work a.k.a start my payroll, after he receives the i797, as he says that he doesn't yet know the start-date, which makes sense as the i797 contains the start-date.



So here's the question. Am I now on H1 status as my H1 case got "approved", regardless of whether or not I started working for company Y. Am I also on F1 as I'm working for company X through Day1 CPT. Is it possible to simultaneously be on different visas, or does the SEVIS get terminated after my RFE got resolved, and my H1 got approved? My school hasn't notified me anything regarding my SEVIS status, although I had put in an email asking them to review my current SEVIS status. So currently I'm at an impasse.

[SusieQQQ 11,586]

I don’t know enough to be able to tell you which status you are on, but you can’t hold two statuses simultaneously. 

[anonymousZTip 0]

Hi @SusieQQQ, thanks for the pertinent and speedy response. I have few follow-up questions.


1. Does the H1 status kick in as soon as the H1-case gets approved (in my case, after RFE resolution), (OR) is it only "activated" after I start working (onboarded) for the company (the one that had petitioned my H1)?

 

2. If the answer to the above question is that, the H1 kicks in as soon as there's approval. Then it means, 

     a. My SEVIS is no longer active?

     b. That the H1 clock starts ticking right away after approval?

 

3. Let's say 60 days have passed (H1 grace period) and the employer is still waiting for i797 as he doesn't want to onboard until he knows the start date, then will I be out of status?

[SusieQQQ 11,586]

I already said I don’t know enough about this to tell you which status you are in. But you can only hold one status at a time, I was answering your question about that. You can have two valid visas at the same time, but only one of them will determine your current status. 

 

However, it occurs to me that the company lawyer should be able to easily answer your questions. 

 

Edited January 9, 2021 by SusieQQQ

[Bajinga 136]

Firstly, you should really be asking these questions to the lawyer of your employer sponsoring the H1.

H1 is employer specific, i.e it is only valid to work for the employer who petitioned it for you. Since you have not started working for the employer that had petitioned for H1, it has no effect on your current status or lack of it. Also, Day 1 CPTs are a grey area and USCIS has been cracking down on it, so you might have put yourself in a potential immigration conundrum if they decide to scrutinize you for it in any of your current or future petitions.

Edited January 9, 2021 by Bajinga

[Coco8 1,042]

You should call the international office of your university.

 

From what I remember about OPT, when you H1B gets picked up, there is an extension of your OPT status to cover the gap between when the OPT expires and the H1B begins. That extension is automatic. However, for CPT there is not an extension, so you either have to figure out how to stay in the US for the "between" time legally or you have to leave the US, go to your country, and get the H1B stamp at your consulate, then come back. Most likely, you will have to leave, but the people that can best answer what you need to do to comply with CPT is the people are your university.