Urgent response required: Traveling while H1B approved without Change of Status.

[mahixit]

Sherwin Please HELP!


Hi,

I am writing to update you all and seek some help to sort out some confusion. As I said my H1B (without change of status) got approved on November 15th and by that time I was onboard to India. I am on F1-OPT and working for a company in USA. Now the confusion is how to come back.


The first option I thought was to return back on F1-OPT by using I20. Therefore I requested a new I20 for my wife, but my school denied that saying my H1B got approved and my SEVIS is COMPLETE status now. If we have to come back on F1-F2 then apply for a data fix to SEVIS help desk (that might take several weeks) and use the new I20s to reenter.

Second option is to go for a H1 and H4 stamping together.

I want to know what will happen if I fly to USA right now (no SEVIS data fix applied and H1B got approved without change of status) at the port of entry? Will I be denied because my SEVIS is COMPLETE and I cannot use my I20 anymore to reenter?

Please advise, it seems to be getting complicated; more like a challenge.

Thanks for all the initiatives.

[shervin143]

If you fly now in F1, you might very well get deported back. Like mentioned, fix the SEVIS and fly later in F1/F2. Or appear for H1B and H4 visa together and fly when it gets approved.

Sherwin Please HELP!


Hi,

I am writing to update you all and seek some help to sort out some confusion. As I said my H1B (without change of status) got approved on November 15th and by that time I was onboard to India. I am on F1-OPT and working for a company in USA. Now the confusion is how to come back.


The first option I thought was to return back on F1-OPT by using I20. Therefore I requested a new I20 for my wife, but my school denied that saying my H1B got approved and my SEVIS is COMPLETE status now. If we have to come back on F1-F2 then apply for a data fix to SEVIS help desk (that might take several weeks) and use the new I20s to reenter.

Second option is to go for a H1 and H4 stamping together.

I want to know what will happen if I fly to USA right now (no SEVIS data fix applied and H1B got approved without change of status) at the port of entry? Will I be denied because my SEVIS is COMPLETE and I cannot use my I20 anymore to reenter?

Please advise, it seems to be getting complicated; more like a challenge.

Thanks for all the initiatives.

[mahixit]

Understood. Seems am going to get stuck here for a long time.

Another point: how important is to get the name changed on my wife's passport? I got the marriage certificate but her passport was made well before our marriage. Considering am going for H1 and H4 together, how much likely the old name on the passport will trouble us? Any idea on this?

Thanks for all the replies Sherwin.

[shervin143]

This is not an issue. Marriage certificate is good enough to prove the relationship.

Another point: how important is to get the name changed on my wife's passport? I got the marriage certificate but her passport was made well before our marriage. Considering am going for H1 and H4 together, how much likely the old name on the passport will trouble us? Any idea on this?

[mahixit]

Alright, thanks for replying to that.


And what about the original I-797 and I-129? Do I need them for H1 and H4 stamping at the Mumbai Consulate? Am asking that because am in India and my employer will need to send them to me wasting some time.

[shervin143]

Yes. Original I-797 and a copy of I-129 is required.

https://www.immihelp.com/h1-visa-stamping-documents/

https://www.immihelp.com/h4-visa-stamping-documents/

Alright, thanks for replying to that.


And what about the original I-797 and I-129? Do I need them for H1 and H4 stamping at the Mumbai Consulate? Am asking that because am in India and my employer will need to send them to me wasting some time.

[mahixit]

Alright, they are in the mail on the way to my home.

To make this case bit more complicated, how about asking to fix the SEVIS data (that will take around 6 weeks) and meanwhile I go for H1 and H4 stamping together? Does it affect my interview? or will they see that SEVIS data fix has been requested and that will create another problem?

What if I am given a 221g (while SEVIS data fix is pending) then SEVIS become active after some time, does it mean that I can travel back to US on F1 forgetting the 221g?

At the end I am trying to avoid the delay because my employer is getting anxious and he needs me back asap. Do you advise concentraing on H1 stamping and leave the SEVIS data fix as it is? Or should I try both SEVIS data fix and H1 stamping.

Thanks for all the help, I don't know how to get out of this confusion.

[mahixit]

Someone please HELP!!!! its too weird to ask such complicated question......

Shervin you there?

[mahixit]

Any sort of help or comments? Please its urgent now...

[shervin143]

To make this case bit more complicated, how about asking to fix the SEVIS data (that will take around 6 weeks) and meanwhile I go for H1 and H4 stamping together? Does it affect my interview? or will they see that SEVIS data fix has been requested and that will create another problem?
>>> That should not be a problem.

What if I am given a 221g (while SEVIS data fix is pending) then SEVIS become active after some time, does it mean that I can travel back to US on F1 forgetting the 221g?
>>> You can provided your F1 is not cancelled. Most likely your F1 will be cancelled when you attend your H1B visa interview.

At the end I am trying to avoid the delay because my employer is getting anxious and he needs me back asap. Do you advise concentraing on H1 stamping and leave the SEVIS data fix as it is? Or should I try both SEVIS data fix and H1 stamping.
>>> Try both.

[mahixit]

Shervin: another news for you.

1. The SEVIS help desk has refused my school's request to fix the data on my SEVIS profile stating it's not possible as the H1B is approved. They asked to withdraw the H1B in order to get the SEVIS back to 'Active'. Then only I can return back on F1.
   
   
2. USCIS has emailed my employer stating that they have sent the amendement letter to the attorney who filed my H1B through mail. Nobody requested anything to USCIS and everyone is under a confusion. Seems USCIS has made a mistake and now they are resending the approval letter with corrected information.

Do you get any clue or see any connection between these two incidents?

Your help is pretty much appreciated. Thanks again.

[shervin143]

1. The SEVIS help desk has refused my school's request to fix the data on my SEVIS profile stating it's not possible as the H1B is approved. They asked to withdraw the H1B in order to get the SEVIS back to 'Active'. Then only I can return back on F1.
   >>> Well, this is expected.
   
   
2. USCIS has emailed my employer stating that they have sent the amendement letter to the attorney who filed my H1B through mail. Nobody requested anything to USCIS and everyone is under a confusion. Seems USCIS has made a mistake and now they are resending the approval letter with corrected information.
   >>> Not sure what they are resending. You will come to know in a week to 10 days.
   
   

Do you get any clue or see any connection between these two incidents?
>>> No. Not sure if they approved your H1B as a COS. You need to wait and see.

[mahixit]

Alright Shervin,

My employer got the new Amended approval letter today and it seem to be the same except it says 'Amended Approval Letter' as it said 'Approval Letter' in the old one.

• He never received a new I-94, neither he applied for any CoS, then why SEVIS help desk is not ready for fixing the data on my profile? I believe SEVIS doesn't become Complete status just by H1B approval, am I correct? Is there any way a student can contact SEVIS help desk? Is there anyone in USCIS to mail or contact on this issue like a help desk?
  
  
• What exactly meant by withdrawing H1B? is it revoking?
  
  
• On the other hand what are the chances of getting a H1B stamped for a EVCC model? I heard a lot of stories of approval, but am not convinced as of now. What special documents do I need to avoid a 221g apart from all the client or vendor letters?

Please respond, you are being a great help to me. Thank you.

[mahixit]

Shervin?

[shervin143]

• He never received a new I-94, neither he applied for any CoS, then why SEVIS help desk is not ready for fixing the data on my profile? I believe SEVIS doesn't become Complete status just by H1B approval, am I correct? Is there any way a student can contact SEVIS help desk? Is there anyone in USCIS to mail or contact on this issue like a help desk?
  >>> Contact your school. I am not aware of any other option.
  
  
• What exactly meant by withdrawing H1B? is it revoking?
  >>> Yes.
  
  
• On the other hand what are the chances of getting a H1B stamped for a EVCC model? I heard a lot of stories of approval, but am not convinced as of now. What special documents do I need to avoid a 221g apart from all the client or vendor letters?
  >>> There is no absolute way to avoid a 221g. Even if you carry all the required documents, there are chaces that your case might go into admin processing. Carry all the required documents (listed in the visas section of immihelp) will help avoid 221g. But there is no 100% guarentee that you will never receive a 221g just because you have all the doucments in order.