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F-1 and H-1B both inactive = out of status??

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Junior Member
What is the name of your state (Oregon)?

I had been I US for 7 years. I got my MS degree here and currently registered in PhD program (planning to finish in this December 08). Few months ago, I found a job and the company kindly applied for my H1B using my MS degree. I went through lottery and got approved to start after Oct 1st 08. However, around Augest, that company decided not to move forward with my position (due to change of company's business plan) so I never did start working for that company. Recently, I found a job and the lawyer from that company is currently trying to apply for my new H1B (in this case, consulor's H1B petition :(). Then I got to know that since it is now after Oct. 1st, my F1 had been closed and my H1B is also inactive because I'm not working under that company.

By the way, the last time I leave US then came back was 2 years ago under F1 visa and my I-94 says D/S on expiration date. However, on the bottom of the I-797 (H1B approval notice), there is a new I-94 attached. Since my H1B was never active and I never leave US, that I-94 does not have any stamps though it did say valid until 09/30/2011.

Here are a few questions:

1) Am I currently out of status? How long do I have before I get into trouble?

2) Given that I'm so close of getting done with my PhD and with a job offer at hand, is there any way for me to legally stay in US and finish my degree? Can I switch back to F1?To do so, the adviser at school's international office told me that I'll have to get a new I-20 and leave US to get a new F1 visa. :(

3) With this kind of situation, will I have any trouble obtaining the new H-1B?

Sorry for the long posting. I hope someone can give me some advice soon since my situation is getting more and more uncertain.

Thank you very much in advance~~What is the name of your state (only U.S. law)?

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