Help-helponH-1b2006-02-01 06:20:48
My Problem:

To my surprise, the HR informed me that my H-1b application has been returned today because the quota had been filed up.



The background and situation:

However, I cannot believe what happened because she informed me and said:" the attorney of immigration has filed my case on Jan. 09, 2006"on Jan 10, 2006. Thus, based on the information published on the visa bulletin, the 20,000 quota was filled up in Jan. 17, 2006, almost one week later. Therefore, why I cannot catch up the quota?



Most importantly, my OPT will expire on May 29, 2006. After I talked with my international advisor at university, she told me that I could come back as an F-1 student and begin my full time student in the summer and afterwards till my H-1b effective or October 1,2006. In another words, I can use the CPT, which will be effective since May 31, 2006 and finished at September 7, 2006, the first day of fall semester. After that, I have to come back to school as full time student till Oct-01-2006.



Questions-I appreciate all my friends on this forum could help on the following issues:

Why I cannot catch up the quota, even I filed the case on Jan 9, 2006. (The day the attorney said and mailed out the case)
My I-485 is pending based on my wife's EB-1 case and I applied the EAD but never used it before. Thus, can I come back and continue my F-1 status in my original university as an full time student?
Is there any trouble or problem for me because the gap of May 30, 2006 (My OPT expire May 29 and CPT begins at May 31)?
How can I cover the gap between September 7 and October 1, 2006?
The company will file my H-1b in April and hopefully it will be approved in May or June. Thus, can I transfer my status to the H-1b automatically after October 1, 2006? Shall I have to report to my school international advisers?


Thanks for all of your kind helps.