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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106287
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My F-1 visa expired. H-1b approval is in process. In case if

Customer Question

My F-1 visa expired. H-1b approval is in process. In case if my h-1b approval is not in my favor, can I go to school again.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

The visa doesn't matter. The visa is only for entry, not for how long a person can stay. When has your program ended? Are you on OPT and you have a cap-gap extension due to the H-1B?

Customer: replied 6 months ago.

My Program ended on 12/2013 and I am not in OPT.

I applied my H-1b under the Stem degree in 2014 which got selected in the lottery and from then working on H-1b.

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

So you did an H-1B transfer from your previous employer to a new employer and you are currently working for the new employer but approval is pending?

Customer: replied 6 months ago.

yes..my previous employer revoked my visa and I am working on my h-1b after receiving the receipt which is under approval process.

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Well, if the transfer is denied, you would have the opportunity to go back to work immediately for your previous H-1B employer. If that employer doesn't want you, then you will have to leave the U.S. to apply for another status from outside of the U.S. You cannot go from no status back to student status or visitor status unless you have a status to go back from.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!