Legal Question in Immigration Law in Michigan

Hi

1. Employer A files for H1b on April 2013

2. I left the employer on April 12th 2013 and joined employer B.

3.I am working for employer B on valid F1 visa with OPT (valid till OCT 2014)

4. Employer A tells me that H1b is approved on May 2013.

5.But on 1st October my employer B thinks my status changed to H1b because of previous employer's H1b application.

I thought i am on F1 since i never worked for employer A on H1b. I made a mistake and did not follow the employer A to revoke the application.

I am confused about my current status. My School official thinks SEVIS status is changed on 1st october to H1b and i should apply or reinstatement of F1 visa

i have stopped working till this get resolved .I need to know my current status and any other options.

Some of the people i talked to think i am not on H1b since i never worked for employer A


Asked on 10/29/13, 8:24 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Even though the I-129 may have been approved for employer A, you are not in H-1B status until you start working for that company in said status. Therefore, you are still in F-1 status.

The company who filed the I-129 petition on your behalf can request that it be withdrawn.

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Answered on 10/29/13, 3:08 pm


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