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Please forgive me typing in English and I like to ask your favor to read mycase.
Regarding transit of my status F-1 to H-1, there are some urgent questions. I am currently a F1 (Doctoral) student. Before my graduation, I got a job and have been employed by using OPT, which expires on December 31 this year. This year I got H1B approval, effective from October 1.
The problem began in regard not registering this fall semester and submitted Leave and Absence Application, which ensures my student status at my school during my absence and secures to return school next spring.
Graduate School has already approved my application, so I thought no
registration would be fine for this semester.However, recently, an adviser from the international student office realized about this, and said they would have to terminate my SEVIS record if I do not cancel Leave and Absence. Moreover, I should remain F1 status until October 1. If I do not cancel Leave and Absence, I should leave US within 15 days from the approval of Leave and Absence, and need to stop to work as well.
School already started August 25 and approval of Leave and Absence was August 26.
Under this situation, I consulted with my attorney. He said the OPT student is allowed to work without attending school. Moreover, my OPT valid through 12/31, I am engaged in the employment related to my study. School has no legal right to terminate my SEVIS, or OPT.
Practically, I am in stuck, and need to make a decision sooner or later.
So, Here are the questions:
1. Is there any regal way not to register school and continue Leave and
Absence , or other way?
Tuition is over $ 3,000, which seems unreasonable to pay for only
one month. I am not afford of it.2. Fortunately, it seemed that my attorney submitted Change of Status
when we applied for H1B, since I-94 cord is attached in I-797A of
H1B approval. Then, am I regal to stay in the US when I use Leave
and Absence?
Or do I need to submit Change of Status again for the non
registered term August though until October 1?3. In case, SEVIS record is terminated, can I still use OPT, which
expires December 31 this year?4. If work is not allowed, then, can I work without payment for
September, and ask my employer to pay all in October?What should I do? Do you have any suggestion?
Thank you for the consideration and look forward to hearing from you soon.All best wishes,
From Quandary.