H1 approved however change of status not approved

[gsooraj]

Hello,

I am on F1 visa in US. On July/22/2014, I got my H1 approved for 1 year. However the change of status is declined.

I was working in CPT until July 11. It is mentioned in the approval notice that you are out of status and leave the country as soon as possible

My consultancy is telling that stay in India until you get a new job or Oct 1, which ever comes first, then go for stamping. They are telling that as you don't have a job at this time, if i go for stamping now, there is a great chance that the visa may get rejected.

1. Can somebody please let me know whether there is a way-out for this
2. Instead of staying in India for a long time, can I make a H4 stamping (my wife is in H1) and enter US, and subsequently when I get a job activate the H1. Is it possible

Please let me know

[raghvi]

Hello,

I am on F1 visa in US. On July/22/2014, I got my H1 approved for 1 year. However the change of status is declined.

I was working in CPT until July 11. It is mentioned in the approval notice that you are out of status and leave the country as soon as possible

My consultancy is telling that stay in India until you get a new job or Oct 1, which ever comes first, then go for stamping. They are telling that as you don't have a job at this time, if i go for stamping now, there is a great chance that the visa may get rejected.

1. Can somebody please let me know whether there is a way-out for this
2. Instead of staying in India for a long time, can I make a H4 stamping (my wife is in H1) and enter US, and subsequently when I get a job activate the H1. Is it possible

Please let me know

1. Not much option, this generally happens when H1 is filed by a consultancy rather than an actual employer.
2. Yes it is possible.

This is my opinion not legal advice.