Legal Question in Immigration Law in Virginia

I need to know about two situations

1. I am currently on OPT (F1 VISA) working for a company A. Recently they filed my H1B and got approved in APRIL 2010 itself . Officially H1B visa start from OCT-1. So if i quit my current job and my H1B is revoked by my current company before Oct-1.Can I still avail my unused OPT and continue to work until my OPT expires .I contacted my School they told that my SEVIS shows that I have been approved an H1B so they are not sure what is my status if i quit the current job even though i m on OPT now, and what would be my VISA stand. Will i be OUT of status?

2. If I apply for a TRANSFER of my H1B VISA from the current company A to another company B . And if my H1B TRANSFER to Company B gets rejected , CAN I STILL CONTINUE TO WORK FOR MY CURRENT EMPLOYER A.? or WITH REJECTION OF VISA TRANSFER ,MY ALREADY APPROVED VISA WILL ALSO GET REJECTED?

I would really appreciate your help.

Thanks

Ravi


Asked on 7/08/10, 7:10 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

2. As long as you maintain your current position with company A in OPT status and merely have your prospective employer(company B) apply to pickup sponsorship of your H1B visa, you should be able to continue with employer A even if B's application in your behalf is rejected (in my opinion).

1. However, if you quit company A and the transfer of your H1B to company B

is rejected (or otherwise fails to materialize), you will have to immediately leave the country (in my opinion) in order to avoid being out of status

and begin accruing overstay.

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Answered on 7/08/10, 11:35 am


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