F1 to H1 Problem (change of Status) plz help Time Sensitive issue

[surati09]

Hi All,

Apprecitate your help me here with my issue..

I graduated with M.S., Finished OPT and got another admission in college (that I-20 is valid till 2007)

I did internship with a compay starting from April 2005 to June 2005, during that period they applied for my H1 in (MS quota) which got approved on May 20th 2005.

Now probelm is I just realized yesterday that while filing for my H1 they did a mistake and applied as change of status in India. So on approval my papers where mailed to Mumbai consulate. Luckily I checked with my school (where I stopped going after 20th May) my status is still on F1 and they have not notifed INS yet. In school there was summer vacation till 26th Septemeber so I am in valid status till now.


Now untill I get my H1 stamped I can't work for my company. I am going to India in November for which I have already taken appointment for Visa stamping. So when I go to India will I have any probelm for stapmping?

My questions are:

1) shall I file for amendmant and change of status here before I go to India.
2) Or I go to India asap so I don't have to maintain my F1 status and (pay any fees) b/c my H1 got approved back in May...
3) Shall I delay my trip to India (which is very hard b/c of family issues) and wait for few months after change of status here (so i get new approval with I-94)


Please help me with my questions....It is very critical and time sensitive..Thank you all..

[srb5588]

Do you have your H1 approval paper. If so what do you care now. You can get it stamped when you got to India. Who mailed your H1 papers to Mumbai consulate?

[rahulpaliwal]

surati

if you H1b is approved that means you are no longer on F1. So there is no issue of maintaining status. Due to summer vacation the school may not have updated there system. But remember now you are on H1b only not F1 its cancelled in the Homeland security departments system.

[veena_swsh]

surati

if you H1b is approved that means you are no longer on F1. So there is no issue of maintaining status. Due to summer vacation the school may not have updated there system. But remember now you are on H1b only not F1 its cancelled in the Homeland security departments system.

Hi,
Surati's H1B was filed as a fresh petition from India that requires stamping of H1B visa in her passport for her to work in US. In this case the status is not changed automatically on the approval of the petition. She needs to travel out of the country to get her new I 94.
Surati, you can do that anytime before your present F1 status does not expire.