Dear friends namaste,

I am in situation of H1B reinstate wonder anybody can share experiences or information. I had H1B with company and expiring in Sep 2010 also had visa stamped already. However I did work with company A till  July 2009 because I applied for Change of Status to F1 in July 2009 and the case went till Oct 13 the date when it was denied. I was given until Nov 13 to leave the country. However, in between , I got the project and asked me to start Nov 9 but H1B has been already cancelled. Now I am asking company A to reinstate H1B , my question is while company A file for reinstate of H1B can i stay here in US and not work and only start working when H1B reinstate is approved or I can start working while H1B reinstate is processing.

I would really appreciate if any professional or experienced information on this matter.

Thanks

I don't have any suggestion for you, but I would like to know what was the reason of denial.

I am also planning to apply for COS

Check responses to thread 'H1 to F1' originated by ocinboy. It tells u a lot about H1 to F1 .

Dear Nepali2877

Leaving the US within the stipulated time, in your case November 13 is a wise decision to make. This ensures that you do not accumulate unauthorized period of stay in the US which can result in a 3 year ban to enter the US, if you stay upto 180 days and 10 years ban if you stay more than 180 days.

However, an option may still be open for you, if the situation you are in is a result of employer's negligence such as benching, non-pay of which you have a claim of back wage or  any similar situation which was out of your control, and you have been acting in good faith (to name a few exceptions), you may try proceeding with Nunc Pro Tunc Filing of H-1B Extension requesting reinstatement from the date of denial to September 2010 (Your H-1B Validity Period), which basically grants you H-1B status. You also need to demonstrate undue hardship if you were to leave the US at this point. Consequently, this is discretionary and contingent upon USCIS adjudicating officer.

THIS TYPE OF EXTENSION REQUEST IS FILED REQUESTING USCIS'S DISCRETION TO FAVORABLY GRANT A “NUNC PRO TUNC” REINSTATEMENT OF NON IMMIGRANT STATUS UNDER 8 C.F.R. SECTION 214.1[c] (4)

The following grounds have to be met:

       I.      This delay was due to extraordinary circumstances beyond the control of
the applicant or petitioner;

    II.      The alien has not otherwise violated his/her non-immigrant status;

 III.      The alien remains a bona fide nonimmigrant; and

AND

  IV.     
The alien is not the subject of
deportation proceedings under section 242 of the Act (prior to April 1, 2007)
or removal proceedings under section 240 of the Act.

Another option is to have the employer file for H-1B Quota 2010 or H-1B Extension or Transfer under premium processing for consulate processing with all required documents, including Agreements between petitioner and its clients-end clients, Statement of Work, Purchase Orders, Letters verifying existing relationship with client and the petitioner's control over the employee. This will definitely eliminate any chances of RFE and widen chances of approval. As you already have an existing H-1B Visa stamp, you do not need to get a new stamp.

Good Luck.

Hi santoshgiri,

Thanks Much for the information. I do have question do you mind explaining in for me plz. Is reinstatement of H1B much better or faster then the reapply for H1B and how does it going to affect the stamped VISA on passport in both cases. In my case , the first scenario ' NUNC PRO TUNC' do not apply , as I left the company to go to school and I even applied for change of status to f1 which was denied obviously.

Thanks Much

Reapplying is better and faster of done under premium.

How can we see the old thread related with H1...

Hi Santoshgiri & nepali2877:

Could you please reply soon to my below questions:

1) What are the options if labor was filed, then lost job, then COS from H1 to F1 gets denied?

2) Can re-appeal of denial from H1 to F1 COS possible? If so how can this be done and what is the success rate?

3) What is the success rate of going back to home country and re-applying for F1 visa?

Please share your knowledge. Thank You!

Hi nepali2877:

Also what have you done regarding your F1 denial? Were you able to get F1 status somehow? What did you have to do?