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I came to united states on F-1 visa in 2014. Did my masters…

I came to united...

I came to united states on F-1 visa in 2014. Did my masters and applied for H1b, got approved last year
and worked for that employer for 4 months. He withdrawn my H1b petion on january 29,2018. He
lost his project. My 60 days grace period will end on 31 march. I don't find any employer who can
sponsor my H1 visa. I want to apply for change of status H1-F1 to maintain a legal status for now
. I may find some employer who can sponsor my H1b later.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

.

Lawyer's Assistant: Have you talked to a lawyer about the visa?

.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

.

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Answered in 5 minutes by:
3/19/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,397
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 4 months ago
These are my questions.My current situation.I came to united states on F-1 visa in 2014. Did my masters and applied for H1b, got approved last year
and worked for that employer for 4 months. He withdrawn my H1b petion on january 29,2018. He
lost his project. My 60 days grace period will end on 31 march. I don't find any employer who can
sponsor my H1 visa. I want to apply for change of status H1-F1 to maintain a legal status for now
. I may find some employer who can sponsor my H1b later.I would like you to go through this link.
https://www.murthy.com/2018/03/15/uscis-expands-new-policy-for-nonimmigrants-changing-status-to-f-1/1. What would be my current status , and when it is expiring. end of i-94 ( which
is 01/10/2019 on H1b approval notice) or application withdrawal date 01/29/2018.2. How to maintain current status beyond my 60 days grace period if i already applied for COS .
( According to the above link).3. Can i apply h1 beyond grace period when my COS is pending.?4.Do i need to go back to country if my change of status is approved, or H1 is approved if applied
beyond the grace period.5.where do i need to send the packet?6. check this box if you were granted or seeking D/S, what does it mean.?12b and 12c on form I-539.7. Do i need send the statement of purpose or just the required documents.8. I got an offer from public school in Albany,Georgia as a teacher. but they are offering 45k. Can h1
be approved with this salary.? This is non profitable organisation. ( This may not happend before my
grace period ends).9. I have acceptance and I-20 from the school where i did my masters in computer science.
Now i want to study masters in business analytics. program start date on i-20 is 23rd april,2018
and my grace period ends on 31st of march. Is that ok ?10. my father is sponsoring me and have notarized affidavit of support. Do i need to send copy of
affidavit with application packet and bank statement ?11. Any other suggestions for me in this situation.?12. What happens if i don't get response from USCIS before start date of program, i.e 23rd april. Do
I need to ask DSO to defer the start date.?

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

1. What would be my current status , and when it is expiring. end of i-94 ( which
is 01/10/2019 on H1b approval notice) or application withdrawal date 01/29/2018.

In my opinion, you have been out of status and accruing unlawful presence since January 29th.

2. How to maintain current status beyond my 60 days grace period if i already applied for COS .( According to the above link).

Unfortunately, the options are VERY limited. You have until the 31st to file for an H-1B transfer or a change of status to anything besides F-1 due to the new policy. So you could try for perhaps a Change of Status (COS) to J-1 if you find a program in time, or COS to B-2 tourist, or any other status you might qualify for.

3. Can i apply h1 beyond grace period when my COS is pending.?

No. You would have to have the COS approved first, then you could do another COS to H-1B.

4.Do i need to go back to country if my change of status is approved, or H1 is approved if applied beyond the grace period.

No as long as the COS or transfer is filed before your grace period is over.

5.where do i need to send the packet?

It depends on what COS it is. You would need to look at the USCIS website where the I-539 is or I-129 depending on what you do.

6. check this box if you were granted or seeking D/S, what does it mean.?12b and 12c on form I-539.

You are no longer on D/S. That's when you were F-1. You are no longer on F-1, you were on H-1B.

7. Do i need send the statement of purpose or just the required documents.

Whatever the required documents are, that's what you send in.

8. I got an offer from public school in Albany,Georgia as a teacher. but they are offering 45k. Can h1 be approved with this salary.? This is non profitable organisation. ( This may not happend before my grace period ends).

Yes, IF that is the prevailing wage for that job. The burden of proof is on your potential new employer to prove that.

9. I have acceptance and I-20 from the school where i did my masters in computer science. Now i want to study masters in business analytics. program start date on i-20 is 23rd april,2018 and my grace period ends on 31st of march. Is that ok ?

No. As per new policy, you would have to perhaps do a COS to B-2 then get that approved and HOPEFULLY have enough time left in the B-2 status to apply for COS to F-1. It probably will not happen, unfortunately, so I wouldn't risk it.

10. my father is sponsoring me and have notarized affidavit of support. Do i need to send copy of affidavit with application packet and bank statement ?

If you mean sponsoring you for a COS to B-2 or F-1, then you could add the I-134 and supporting financial documents and it could help, yes.

11. Any other suggestions for me in this situation.?

It is a bad situation. My suggestion apart from what I have listed previously is that you be ready to leave the U.S. on the 31st if you don't end up filing anything before that.

12. What happens if i don't get response from USCIS before start date of program, i.e 23rd april. Do I need to ask DSO to defer the start date.?

As per the new policy, I think it is too late. You just don't have enough time left. Even if you did COS to B-2, I don't think you will have enough time left. I see you taking a trip and applying from outside. I am truly sorry. I wish I had better news for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
What about if I find employer who can sponsor my H1 before 31st March and applied it. and I find another employer beyond the grace period. can I have two h1 application under process at the same time ..?

Yes to the first question. As to the second, no. You have to have the first approved so that they can send approve the second. If the first is not approved, you have nothing to "bridge" the gap between when your grace period expired and your 2nd H-1B petition was filed after the grace period.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 4 months ago
I really worried now.
My employer's attorney told me when my H1b was revoking, that I can apply for F-1 during the grace period. And I can file H1 if find employer who can sponsor me. He think he was unaware of new policy. When this new policy came into effect.?

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

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,397
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
I have question,if i leave before 31st march, i would be safe to apply h1 from home country or i would be considered a overstayed.

You are still considered an overstay but you do not have a 3 or 10 year bar until you reach 180 days or a year of unlawful presence. So the faster you leave, the better it is.

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